Created by Fuzzy Cloud

Bombay High Court

MURLIDHAR GOPINATH BHORversusSTATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner filed a writ petition in 2019 challenging actions of the State of Maharashtra, but neither the petitioner nor his counsel appeared before the court for any hearing. The State's counsel also indicated that no copies of the petition were supplied to the State Government. The matter remained inactive for seven years without any preliminary hearing or notice. The court observed that the petitioner had lost interest in prosecuting the petition. Consequently, the court dismissed the writ petition for want of prosecution.

Issues considered

  • What is the appropriate consequence when a writ petition remains inactive for an extended period without any prosecution by the petitioner?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • civil appellate jurisdiction

Judgment

                                                                               23-WP-11323-2019.doc



   PURTI                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   PRASAD
   PARAB                           CIVIL APPELLATE JURISDICTION
Digitally signed by
PURTI PRASAD PARAB
Date: 2026.04.30
19:37:16 +0530

                                 WRIT PETITION NO. 11323 OF 2019

             Murlidhar Gopinath Bhor                            … Petitioner
                    Versus
             State of Maharashtra and Ors.                      … Respondents
                                                  ****
             None for the Petitioner.
             Mr. P.V. Nelson Rajan, AGP for Respondent – State.
                                               ****
                                 CORAM : HITEN S. VENEGAVKAR, J.

                                   DATE     :   30th APRIL, 2026
             P.C. :


             1.              None appears for the Petitioner.


             2.              This Writ Petition has been filed in the year 2019 and the

             record suggest that not even once the Petitioner or his Advocate has

             shown any inclination of getting the matter circulated before the Court.

             Learned Advocate appearing for the State also submits that copies also

             have not supplied upon the State Government. Since the matter has

             been pending in this Court for last seven years without the same being

             even moved for preliminary hearing or issuance of notice, I am of the

             opinion that the Petitioner and his Advocate have lost interest in the

             Petition and therefore the Writ Petition stands dismissed for want of

             prosecution.

                                                      (HITEN S. VENEGAVKAR, J.)




             Purti Parab                                 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.