Bombay High Court
PANDURANG ALIAS BHORYA TUKARAM DUDE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
A writ petition is liable to be dismissed for want of prosecution if the petitioner shows no interest in pursuing the remedy.
Summary
The petitioners filed writ petitions challenging actions of the State of Maharashtra, but their counsel reported that no further instructions were received. The court noted that after 26 November 2018, neither the petitioners nor their advocate took any steps to advance the petitions. It appeared that the petitioners were not interested in pursuing the matters. Consequently, the court held that the petitions could not be entertained due to lack of prosecution. The judges ordered the petitions to be disposed of for want of prosecution.
Issues considered
- Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to take steps to advance the case?
Subjects
- writ petition
- want of prosecution
- disposal
- criminal appellate jurisdiction
- court procedure
Judgment
ssm 128-wp4410.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4410 OF 2017
Nitin Dinkar Sathe …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
WITH
WRIT PETITION NO. 4409 OF 2017
Pandurang alias Bhorya Tukaram Dude & Anr. …..Petitioners
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________
Mr. Ishan Paradkar i/by Adv. Satyavrat Joshi for the Petitioner(s).
Mr. J.P. Yagnik APP, for the Respondent-State.
____________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th APRIL, 2026.
P.C.:-
1) Learned Advocate for the Petitioner(s) submitted that, he has
not received further instructions from the Petitioner(s) and therefore he is
unable to assist this Court in adjudicating the Petitions.
2) Record indicates that, after 26th November, 2018, the
Petitioner(s) and/or their Advocate have not taken any steps to circulate the
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ssm 128-wp4410.2017.doc
Petitions, even for once.
2.1) It appears that, the Petitioner(s) are not interested in pursuing
the Petitions.
3) Petitions are accordingly disposed off for want of prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
2026.04.28
10:48:39 +0530
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