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Bombay High Court

GANGABAI SHASHIKANT THAKUR AND ORSversusTHE STATE OF MAHARASHTRA THR GOVERMENT PLEADER AND ORS

Decided
Disposal
Dismissed

Holding

A writ petition may be dismissed for non‑prosecution when no petitioner appears to prosecute the case.

Summary

Gangabai Shashikant Thakur and others filed a writ petition before the Bombay High Court challenging orders of the Slum Rehabilitation Authority dated 17 June 2022 and a notice dated 26 July 2022. No counsel appeared on behalf of the petitioners, while the State of Maharashtra was represented by Advocate Ketan Joshi with Ms. Sulbha Chipade. The Court noted that, four years after the petition was filed, there was no one present to prosecute the petition. Consequently, the Court dismissed the writ petition for non‑prosecution and ordered its disposal. The pending interim application was also dismissed and disposed, with the Court granting liberty to apply if necessary.

Issues considered

  • Whether a writ petition should be dismissed for non‑prosecution when petitioners fail to appear before the Court.

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • civil procedure
  • slum rehabilitation authority

Judgment

                                                                           25.WP.12516.2022+.doc

HARSHADA H. SAWANT
      (P.A.)
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION


                                WRIT PETITION NO.12516 OF 2022
                                            WITH
                             INTERIM APPLICATION NO.1043 OF 2026
                                              IN
                                WRIT PETITION NO.12516 OF 2022

              Gangabai Shashikant Thakur and Ors                        .. Petitioners
                         Versus
              The State Of Maharashtra and Ors.                         .. Respondents
                                         ....................
               None for Petitioners.
               Mr. Ketan Joshi, ‘B’ Panel Advocate a/w. Ms. Sulbha Chipade, AGP
                for Respondent – State.
                                               ...................

                                             CORAM : MILIND N. JADHAV, J.
                                             DATE           : FEBRUARY 17, 2026
              P.C.:

              1.         None appears for Petitioners.


              2.         Heard Mr. Joshi, learned Advocate for Respondent – State.


              3.         The order dated 17.06.2022 appended at page No.36 is

              passed by the Slum Rehabilitation Authority and 48 hours notice dated

              26.07.2022 given thereafter is also passed by the same Authority.


              4.         We are in the year 2026. When the Petition is called out no

              one has remained present to prosecute the Petition.


              5.         In that view of matter, Writ Petition stands dismissed for

              non-prosecution.


              6.         Writ Petition is disposed.            In view of dismissal of Writ

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                                                                    25.WP.12516.2022+.doc


               Petition, pending Interim Application is also dismissed and disposed.


               7.            Liberty to apply.




H. H. SAWANT                                           [ MILIND N. JADHAV, J. ]


                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.02.17
                            17:46:49 +0530




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