Bombay High Court
KAILASH BHIMRAO SHELKEversusTHE DISTRICT COLLECTOR, JALNA AND OTHERS
- Disposal
- DISMISSED
Holding
The criminal writ petition is dismissed for non‑prosecution due to the petitioner's failure to issue the required notices.
Summary
The petitioner, Kailash Bhimrao Shelke, filed a criminal writ petition challenging actions of the District Collector, Jalna and others. The High Court had earlier ordered the petitioner, on 14 March 2023, to issue notices to respondents numbered 4 and 5. The court's resource personnel report dated 21 September 2026 found that the petitioner failed to comply with this order. No counsel appeared for the petitioner on the hearing date of 23 September 2026, indicating a lack of interest in pursuing the case. Consequently, the judges held that the petitioner had not prosecuted the matter diligently and dismissed the criminal writ petition for non‑prosecution.
Issues considered
- Whether the petitioner complied with the Court's order to issue notices to respondents 4 and 5
- Whether dismissal for non‑prosecution is appropriate when the petitioner fails to act
Subjects
- criminal writ petition
- non-prosecution
- procedural default
- notice issuance
- dismissal
Judgment
2026:BHC-AUG:44047-DB
919 CRIMINAL WRIT PETITION NO. 46 OF 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL WRIT PETITION NO. 46 OF 2023
Kailash Bhimrao Shelke
Versus
The District Collector, Jalna And Others
__________________________________________________________
• Adv. Bodkhe Patil Umesh for the Petitioner - Absent
• Mr. S. J. Salgare, A.P.P. for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 23, 2026
PER COURT :
1) None for the petitioner.
2) The report of Resource Personnel of this Court
dated 21.09.2026 indicates that the petitioner failed to take
steps for issuing notices to respondent nos. 4 and 5
pursuant to order dated 14.03.2023 of this Court. Today
also, nobody appeared for the petitioner. As such, it
appears that the petitioner is not interested in prosecuting
the matter diligently.
3) In view of the same the criminal writ petition
stands dismissed that non prosecution.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page| 1 of 1
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