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Bombay High Court

RAJESH JAGTAPALSINGH GAURversusSTATE OF MAHARASHTRA THROUGH SECRETARY, MINISTRY OF TRANSPORT DEPARTMENT, MANTRALALYA AND ORS.

Decided
Disposal
Dismissed

Holding

A writ petition may be dismissed where the petitioner fails to appear and shows no interest in prosecuting the petition.

Summary

The petitioner, Rajesh, filed a writ petition before the High Court of Bombay. The petitioner and his counsel failed to appear at multiple hearings. The Court observed that the petitioner appeared uninterested in pursuing the petition. Consequently, the Court exercised its power to dismiss a petition for non‑prosecution. The petition was therefore dismissed.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution due to the petitioner’s failure to appear

Subjects

  • writ petition
  • non-prosecution
  • dismissal
  • court procedure
  • civil appellate jurisdiction

Judgment

                                                                9. WP 10906-2004.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO.10906 OF 2004

Rajesh S/o. Jagatpalsingh Gaur                            …    Petitioner
          Versus
State of Maharashtra & Ors.                               …    Respondents
                                               …..
None for the Petitioner.
Smt. V.R. Raje, A.G.P. for Respondent No.1-State.
                                  …..

                                            CORAM: M.S. KARNIK &
                                                   SANDESH D. PATIL, JJ.

                                            DATED : 10th SEPTEMBER 2026
P.C.

1.        We find that on past several occasions, the Petitioner has not

appeared. Neither the Petitioner nor his Counsel appeared.                        It

appears that the Petitioner is not interested in prosecuting the

Petition. Hence, the Petition is dismissed for non-prosecution.




(SANDESH D. PATIL, J.)                                   (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                              1/1
               Digitally signed
RAJESH    by RAJESH
          VASANT
VASANT    CHITTEWAN
CHITTEWAN Date: 2026.09.11
               15:59:56 +0530


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