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Bombay High Court

M/S. JAY GURUDEV REALTY THROUGH ABHAY CHANDMAL BHANDARIversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Dissmiss For Default/Non-Prosecution

Holding

The petition is dismissed for non‑prosecution.

Summary

M/s Jay Gurudev Realty filed a writ petition before the Bombay High Court challenging the State of Maharashtra and others. The petitioner failed to appear for the hearing and, according to the record, did not take any steps to circulate the petition after 6 December 2018. The court noted that the petitioner appeared uninterested in pursuing the matter. Consequently, the judges held that the petition could not be kept alive without prosecution. The petition was therefore dismissed for non‑prosecution.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and does not take steps to advance a writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • court procedure
  • high court

Judgment

     sns                                                  111-wp-4165-2017.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.4165 OF 2017

M/s. Jay Gurudev Realty                               … Petitioner

         V/s.

The State of Maharashtra & Ors.                       … Respondents




None for the Petitioner.
Mr. Vinod Chate, APP, for the Respondent-State.
Mr. Ajay Basutkar a/w. Adv. Shruti Bedekr for Respondent No.4


                                   CORAM :       A. S. GADKARI AND
                                                 KAMAL KHATA, JJ.
                                     DATE :      18th April 2026

P.C.:-

1)              None for the Petitioner when called out for hearing.

2)              Record indicates that, after 6th December, 2018, Petitioner

and/or its Advocate has not taken any steps to circulate the Petition, even

for once.

2.1)            It appears that, the Petitioner is not interested in pursuing the

Petition.

3)              Dismissed for non-prosecution.



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


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