Bombay High Court

M/S. MAHALAXMI DEVELOPERS THROUGH PROP. MUKESH NARAYAN GADEversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

A writ petition that is not prosecuted is liable to be dismissed.

Summary

M/s. Mahalaxmi Developers, through Mukesh Narayan Gade, filed a criminal writ petition before the Bombay High Court challenging an unspecified action of the State of Maharashtra. No counsel appeared on behalf of the petitioner, while the State was represented by Mr. S. R. Agarkar. The Court examined the petition and noted the lack of prosecution of the petition. Relying on the principle that a petition must be actively prosecuted, the Court dismissed the writ for non‑prosecution. Consequently, the petition was not entertained and was dismissed.

Issues considered

Whether a writ petition that is not actively prosecuted should be dismissed

Subjects

writ petition
non‑prosecution
dismissal
criminal appellate jurisdiction

Judgment

                                                                         9-WP-1633-2017 (CR).doc


      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                      CR. WRIT PETITION NO. 1633 OF 2017

                      M/s. Mahalaxmi Developers Through Prop.
                      Mukesh Narayan Gade                              ...Petitioner/s
                      Versus
                      The State of Maharashtra and ors.                ...Respondent/s
                      _________________________________________________________________

                      None for Petitioner.
                      Mr. S. R. Agarkar, APP for Respondent No.-State.
                      _________________________________________________________________

                                                        CORAM       :   SHIVKUMAR DIGE, J.
                                                        DATE        :   31st AUGUST, 2026.
                      P.C. :

                      1.        None present for the petitioner. Heard learned APP for

                      respondent No.1-State.

                      2.        Dismissed for non-prosecution.



                                                                  (SHIVKUMAR DIGE, J.)




SHUBHADA
SHANKAR
KADAM
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.01
11:13:47 +0530                                      Page 1 of 1

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