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Bombay High Court

VANDANA GANESH WAGHversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed for want of prosecution as the petitioner failed to appear and the subject matter became moot due to the expiration of the Gram Panchayat’s term.

Summary

The petitioner, Vandana Ganesh Wagh, filed a writ petition in 2021 challenging an action of the State of Maharashtra and others. The petition remained pending for several years, during which the term of the concerned Gram Panchayat expired. The petitioner failed to appear in court, either in person or via video conferencing, when the matter was called. The learned Additional Government Pleader argued that the expiration of the Gram Panchayat’s term rendered the petition moot. The Court examined the petition and found merit in the contention that the subject matter was no longer live. Consequently, the Court dismissed the petition for want of prosecution, noting the petitioner’s lack of interest and non‑appearance. The dismissal effectively ends the proceedings without any substantive order on the merits.

Issues considered

  • Whether the writ petition can continue despite the petitioner’s non‑appearance and the expiration of the Gram Panchayat’s term
  • Whether dismissal for want of prosecution is appropriate under the circumstances

Subjects

  • writ petition
  • want of prosecution
  • Gram Panchayat
  • non‑appearance
  • mootness
  • high court
  • civil procedure

Judgment

2026:BHC-AUG:34096
                                                     (1)                909wp11867.21.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                  909 WRIT PETITION NO. 11867 OF 2021
                                            Vandana Ganesh Wagh
                                                                               ….Petitioner
                                                   VERSUS

                                      The State Of Maharashtra And Others
                                                                             …..Respondents


                Mr. S. N. Morampalle, AGP for the respondent/State
                Mr. S. R. Mantri, Advocate h/f Mr. S. S. Gangakhedkar, Advocate for
                the Respondent No. 5


                                                     CORAM : ABHAY J. MANTRI, J.
                                                           DATE : 06th AUGUST, 2026


                PER COURT :

                 1.              No one appears for the petitioner either in the court hall
                or through VC mode when the matter is called out.
                2.               The learned AGP submitted that during pendency of this
                petition the term of the Gram Panchayat has expired.
                3.               As such, I perused the petition, and I found substance in
                his contention in that regard.
                4.               Apart from that, it seems that since 2021 the petition is
                pending and the petitioner is not interested in prosecuting the same.
                Hence, the Petition is dismissed for want of prosecution .



                                                            [ABHAY J. MANTRI, J. ]
                VishalK/909wp11867.21.odt


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