Bombay High Court

SAYEED KHA AMANULLA KHA PATHANversusIMABEG KAMUBEG MIRZA DIED THROUGH LRS MUKHTARBEG IMAMBEG MIRZA

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking relief against the respondent. The court issued a notice to the respondent on 6 March 2023, but the notice could not be served because the petitioner failed to provide a spare copy. The court directed the petitioner to supply the copy and later to take steps to serve the respondent, but the petitioner did not comply within the stipulated periods. When the matter was called in subsequent sessions, no representative appeared for the petitioner, indicating a loss of interest in prosecuting the petition. Consequently, the court dismissed the writ petition for want of prosecution, allowing restoration only upon payment of Rs.5,000 costs.

Issues considered

What is the appropriate consequence when a petitioner fails to comply with procedural directions for service of notice and does not appear to prosecute a writ petition?

Subjects

procedural law
service of notice
dismissal for want of prosecution
writ petition
High Court

Judgment

2026:BHC-AUG:43155



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                                                                    904-wp-1621-2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     WRIT PETITION NO. 1621 OF 2023

                                   Sayeed Kha Amanulla Kha Pathan
                                                VERSUS
                        Imabeg Kamubeg Mirza Died Through Lrs Mukhtarbeg
                                             Imambeg Mirza
                                                  ...
                     None for the petitioner
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 22ND SEPTEMBER, 2026

                     P.C. :-

                     .         This matter was called out in the first session. None

                     appeared to the petitioner to prosecute the Writ Petition. On

                     06.03.2023, this Court issued notice to the respondents.

                     Record reveals that the notice could not be issued for the

                     reason that the petitioner had not supplied copies for issuance

                     of notice to the respondent. Thereafter, on 24.03.2024, this

                     Court passed order that if spare copy is supplied, notice be

                     issued to respondent returnable four weeks thereafter.

                     2.        Further record reveals that notice issued to the sole

                     respondent returned unserved with the endorsement as not

                     residing on the given address. On 24.04.2023, this Court

                     directed learned Advocate for the petitioner to take
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                                                 904-wp-1621-2023

appropriate steps within a period of two weeks therefrom.

However, the record reveals that the petitioner failed to take

any steps in respect of unserved sole respondent within the

given time. The endorsement is dated 06.07.2023, and

thereafter there is no entry on record indicating that the

petitioner has taken any steps for effecting service upon the

unserved respondent.

3.      In the second session when the matter is called out,

there is no one to represent the petitioner. It appears that the

petitioner has lost his interest to prosecute the Writ Petition.

4.      In view of above, Writ Petition stands dismissed for

want of prosecution. Any request for restoration shall be

subject to the costs of Rs.5,000/-.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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