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Bombay High Court

PURSHOTTAM SHARMAversusUNION OF INDIA AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the cause of action does not survive due to the efflux of time.

Summary

The petitioner, Purshottam Sharma, filed a writ petition (No. 4741 of 2019) in the Bombay High Court challenging an action by the Union of India and others. The petition was argued by Mr. Dhyey Bhavsar on behalf of the petitioner, while the respondents were represented by Mr. S.V. Gavand. The Court examined whether the petition remained viable given the passage of time since the alleged cause of action arose. It found that the cause of action had expired due to the efflux of time, rendering the petition time‑barred. Consequently, the Court disposed of the petition without addressing any substantive merits.

Issues considered

  • Whether the writ petition is maintainable in view of the lapse of the limitation period (efflux of time).

Subjects

  • limitation
  • efflux of time
  • writ petition
  • High Court
  • criminal appellate jurisdiction

Judgment

                             sns                                                59-WP-4741-2019.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                              WRIT PETITION NO.4741 OF 2019

                     Purshottam Sharma                                            … Petitioner

                               V/s.

                     Union Of India & Ors                                         … Respondents



                     Mr. Dhyey Bhavsar i/by M.V. Thorat for the Petitioner.
                     Mr. S.V. Gavand, APP for the Respondent-State.


                                                         CORAM :   A. S. GADKARI AND
                                                                   KAMAL KHATA, JJ.
                                                            DATE : 10th July, 2026

                     P.C.:-

                     1)               Record indicates that, due to efflux of time, the cause of action

                     for filing the Petition, as of today, does not survive.

                     2)               Petition is accordingly disposed off.



                                   (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)




          Digitally signed
          by SANDHYA
SANDHYA BHAGU
        WADHWA
                                                                                                      1/1
BHAGU   Date:
WADHWA 2026.07.15
          11:16:40
          +0530


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