Bombay High Court
MR. MAHADEV HARIDAS DEVKAR AND ORSversusTHE BHIMA IRRIGATION DIVISION AND ORS
- Disposal
- Disposed Off
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition challenging the alleged occupation of government quarters by the respondents. The petitioners failed to appear at multiple hearings, despite being served notice. The respondents claimed the petitioners had already vacated the premises. The court, noting the petitioners' non‑appearance and lack of prosecution, ordered a notice and set a return date, which again went unattended. Concluding that the petitioners had lost interest in pursuing the matter, the court dismissed the writ petition for non‑prosecution.
Issues considered
- Whether a writ petition may proceed in the absence of the petitioner and without prosecution
Subjects
- writ petition
- non‑prosecution
- government quarters
- civil appellate jurisdiction
- absence of petitioner
Judgment
7-WP-1480-2016-(C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1480 OF 2016
Mr. Mahadev Haridas Devkar And Ors … Petitioners
V/s.
The Bhima Irrigation Division And Ors … Respondents
None for the Petitioners
Mr. A. P. Vanarase, AGP for the State
Mr. Vaibhav Kupawade i/b Ms. Chaitrali Deshmukh for Respondent
Nos. 1 and 2.
CORAM : RAJESH S. PATIL &
ABHAY J. MANTRI, JJ.
DATED : OCTOBER 6, 2026
P.C.:
1. None appears for the Petitioner when the matter is called
out. Office remark shows that Petitioners have been duly served.
2. The learned AGP has shown us the order passed by the
Division Bench of this Court on 31 March 2016. The said order
reads as under:
IRESH
MASHAL
“The learned counsel appearing for the Petitioners, on
Digitally signed
by IRESH
MASHAL
Date:
instructions, makes statement that the Petitioners are
2026.10.06
19:27:00
+0530
willing to vacate the premises if reasonable time is granted.
In view of this, we are permitting the Petitioners to make
representation to the concerned Respondents within one
week from today. The concerned Respondents to decide the
said representation within one week, thereafter.
2 Meanwhile, in view of above, at this stage, we are
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7-WP-1480-2016-(C).docx
inclined to observe that the concerned Respondents not to
take any coercive steps.
3 Stand over to 21 April 2016”.
3. After the proceedings were transferred to the Kolhapur
Circuit Bench, on 11 March 2026, again none appeared on behalf
of the Petitioner. This Court noted the submissions of Respondent
Nos.1 and 2, which stated that the Petitioner had already vacated
the government quarters. The order dated 11 March 2026 reads as
under:
“1. The matter was last listed on 29th November 2024.
2. The learned counsel appearing for Respondent Nos.1
and 2 has stated that the Petitioner has vacated the
government quarters. Since the Petitioners is not present,
issue notice to the Petitioners, returnable on 8th April
2026.”
4. Today again none appears on behalf of the Petitioners. It
seems that the Petitioner has lost interest to pursue this Writ
Petition any further.
5. Writ Petition stands dismissed for non-prosecution.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
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