Bombay High Court

SYED KHAJA MIYAN SYED BABA MIYANversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition is dismissed for want of prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Syed Khaja Miyan Syed Baba Miyan, failed to appear before the Bombay High Court, Aurangabad Bench, in both the morning and subsequent sessions of the hearing. The court inferred that the petitioner had lost interest in pursuing the writ petition. Consequently, the court exercised its inherent power to dismiss the petition for want of prosecution. No substantive merits of the petition were examined. The petition was therefore disposed of without any order on the relief sought.

Issues considered

What is the appropriate course of action when a petitioner fails to appear for hearing and shows lack of interest in prosecuting a writ petition?

Subjects

writ petition
want of prosecution
petition dismissed
high court
civil procedure

Judgment

2026:BHC-AUG:4936-DB




                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                  24 WRIT PETITION NO. 4724 OF 2018

                               SYED KHAJA MIYAN SYED BABA MIYAN
                                            VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS

              Mr.S.P.Joshi, AGP for the respondent/State.

                                   ( CORAM : KISHORE C. SANT AND
                                             SUSHIL M. GHODESWAR, JJ. )

                                      DATE : 2 FEBRUARY, 2026


              PER COURT :


              1.             None was present for the petitioner in morning session.

              None present even in the second session.



              2.             It appears that the petitioner has lost interest in the

              petition.      The petition, therefore, stands disposed off for want of

              prosecution.




                   ( SUSHIL M. GHODESWAR, J.)                 ( KISHORE C. SANT, J.)




              khs/Feb.2026/4724

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