Bombay High Court

OMPRAKASH PREMDASJI VAISHNAV AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 22 June 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a writ petition on 23 July 2019 in the Bombay High Court seeking relief against the State of Maharashtra. No steps were taken by the petitioners or their counsel to circulate the petition after filing. The court observed that the petitioners appeared uninterested in pursuing the matter. Consequently, the court considered whether the petition should be dismissed for non‑prosecution. Relying on procedural rules, the judges held that a petition left unattended amounts to non‑prosecution. The petition was therefore dismissed. No substantive merits of the petition were examined.

Issues considered

Whether a writ petition that remains uncirculated and unattended by the petitioners should be dismissed for non‑prosecution

Subjects

writ petition
non-prosecution
dismissal
procedural default
Bombay High Court

Judgment

ssm 59-wp3808.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 3808 OF 2019

Omprakash Premdasji Vaishnav & Anr. …..Petitioners

Vs.

The State Of Maharashtra & Ors. …..Respondents

____________________________________

None for the Petitioners.
Smt. P.P. Shinde APP, for the Respondent-State.
____________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 22nd JUNE, 2026.

P.C.:-

1) None for Petitioners when called out for hearing.

2) Record indicates that, since the date of filing of the Petition i.e.

23rd July, 2019, neither the Petitioners nor their Advocates have taken any

steps to circulate the Petition, even once.

2.1) It appears that, the Petitioners are not interested in pursuing

the Petition.

3) Dismissed for non-prosecution.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

Digitally signed
SANJIV by SANJIV
SHARNAPPA
SHARNAPPA MASHALKAR 1/1
MASHALKAR Date: 2026.06.29
12:28:39 +0530

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