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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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