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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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