Bombay High Court
GULJARILAL SHAMLAL KANDHARI AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition but failed to supply spare copies in the registry for issuing notice to the respondents for about ten years. After 20 January 2015, the petitioners and their advocates took no steps to circulate the petition even once. The court observed that the petitioners appeared uninterested in pursuing the petition. Consequently, the court dismissed the petition on the ground of non‑prosecution. No substantive merits of the petition were considered.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution due to failure to serve notice and inactivity by the petitioners
Subjects
- writ petition
- non‑prosecution
- dismissal
- service of notice
- procedural default
Judgment
KSG 49-WP-4052-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4052 OF 2014
Guljarilal Shamlal Kandhari & Ors … Petitioners
V/s.
The State of Maharashtra & Ors … Respondents
_______________________________________
None for Petitioner.
Smt. P.P. Shinde, A.G.P. for Respondent No.1-State.
_______________________________________
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 17th JANUARY 2026
P.C. :
1) Record indicates that, last about 10 years the Petitioners have
not supplied spare copies in the Registry for issuing notice to Respondents
and therefore the Respondents are not served till today.
1.1) That, after 20th January 2015, Petitioners and/or their Advocates
have not taken any steps to circulate the Petition, even for once.
2) It appears that, the Petitioners are not interested in pursuing the
Petition.
3) Dismissed for non-prosecution.
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.01.20
19:11:00
+0530 ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
1/1
Checking your session…