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Bombay High Court

DEVI DAKSHAYANI HAMAL KAMGAR SAHAKARI SOCIETY andORSversusSTATE OF MAHA and ORS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioners, Devi Dakshayani Hamal Kamgar Sahakari Society and others, filed a writ petition against the State of Maharashtra. The petitioners' counsel failed to appear in both the morning and afternoon sessions on the scheduled dates. The court gave an opportunity to appear and listed the matter for dismissal on 16 September 2026. Since the petitioners remained absent, the court dismissed the writ petition for want of prosecution. No substantive merits of the petition were considered.

Issues considered

  • Whether the writ petition should be dismissed for want of prosecution due to the petitioners' failure to appear before the court?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • high court

Judgment

2026:BHC-AUG:42531



                                                                         29 WP1777.2004
                                               -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             29 WRIT PETITION NO. 1777 OF 2004

                   DEVI DAKSHAYANI HAMAL KAMGAR SAHAKARI SOCIETY
                                      AND ORS

                                            VERSUS

                                 STATE OF MAHA AND ORS
                                           …

              AGP for Respondent/State: Mr. V. M. Chate

                                                ...


                                          CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 16.09.2026

              PER COURT :-

              1.         Recording    absence         of   learned   counsel   for   the

              Petitioners, this court has passed the following order dated

              09.09.2026:

                         “1. Since, none appeared in the morning session for the
                         Petitioners, as such, the matter was kept back and,
                         thereafter, called out in the afternoon session, still, none
                         appears for the Petitioners.


                         2. As such, list the matter for dismissal, on 16.09.2026.”



              2.         Even today, nobody is present for the Petitioners.
                                                  29 WP1777.2004
                               -2-

3.         In that view of the matter, the Writ Petition stands

dismissed for want of prosecution.




                                     (SACHIN S. DESHMUKH, J.)
marathe


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