Bombay High Court

MR. YADAV YESHVANT MOREversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY OF FINANCE DEPT. AND ORS

Disposal: Dismissed

Holding

The civil application for restoration is dismissed for want of prosecution.

Summary

The applicant, Yadav Yeshvant More, filed a writ petition in 2015 which was dismissed by the Registrar Judicial-II on 21 July 2016. In 2019, he filed a civil application seeking restoration of the dismissed writ petition. The State of Maharashtra, through its counsel, pointed out that the applicant had taken no steps to advance the matter after filing the civil application and appeared to have lost interest. The court examined whether the civil application could be entertained despite the applicant's inaction. Finding no prosecution of the application, the bench dismissed the civil application for want of prosecution. Consequently, the writ petition remains dismissed.

Issues considered

What is the appropriate procedure when a civil application for restoration of a dismissed writ petition is not prosecuted by the applicant?

Subjects

restoration of writ petition
civil application
want of prosecution
dismissal

Judgment

                                                      11-CAW-1200-2019 (C).docx


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION
              CIVIL APPLICATION NO. 1200 OF 2019
                                in
                 WRIT PETITION NO.5458 of 2015
Mr. Yadav Yeshvant More                                ...Applicant
             VERSUS
The State Of Maharashtra Through Its
Secretary Of Finance Dept. And Ors                 ...Respondents
                           ——————
None for the Applicant.
Mr. Santosh Jadhav, AGP for the Respondents-State.
                           ——————

                                    Coram :       RAJESH S. PATIL &
                                                 ABHAY J. MANTRI, JJ.

                                    Date     :    AUGUST 29, 2026.

P. C. :

1.        Mr. Jadhav appearing for the State submits that this civil

application filed in the year 2019 seeks restoration of the Writ

Petition which was dismissed pursuant to an order passed by

Registrar Judicial-II on 21 of July 2016.

2.        He submits that after filing of this civil application in the year

2019, no steps has been taken by the Petitioner to place this matter

on board.

3.        He submits that the Petitioner seems to have lost interest in



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                                               11-CAW-1200-2019 (C).docx


pursuing this matter any further.

4.    Civil Application stands dismissed for want of prosecution.



(ABHAY J. MANTRI, J.)                         (RAJESH S. PATIL, J.)




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