Bombay High Court

VILAS SURYAKANT MAYEKARversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 17 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a writ petition on 8 March 2019 in the Bombay High Court seeking relief against the State of Maharashtra and others. The petitioner failed to appear at the hearing and did not take any steps to circulate the petition after filing. The court noted the petitioner's apparent lack of interest in pursuing the matter. Consequently, the court held that the petition could not be kept alive without active prosecution by the petitioner. The judges dismissed the petition on the ground of non‑prosecution, thereby terminating the proceedings.

Issues considered

What is the appropriate consequence when a petitioner remains absent and does not prosecute a filed writ petition?

Subjects

non‑prosecution
writ petition
petition dismissed
procedural default
criminal appellate jurisdiction

Judgment

DTG                                                            176-wp-1365-2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 1365 OF 2019

Vilas Suryakant Mayekar                                      … Petitioner
         V/s.
The State of Maharashtra & Ors.                              … Respondents
                    _______________________________________

Petitioner in person is not present.

Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
                 _______________________________________

                             CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                             DATE  : 17th June 2026

P.C. :

1)              Petitioner in person is absent when called out for hearing.

2)              Record indicates that, since the date of filing of the Petition i.e.

8th March 2019, the Petitioner has not taken any steps to circulate the

Petition, even once.

2.1)            It appears that, the Petitioner is not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.




                ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )


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