Bombay High Court

PRASHANT PRAKASH KALSEKARversusTHE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, SATARA AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Sayali Deepak, filed a writ petition alleging that he had submitted a No Objection to the respondents but thereafter received no further response. He claimed that the respondents failed to appear or act upon the No Objection. The court examined whether the petition could proceed in the absence of any prosecution by the respondents. Finding that the petitioner had not taken any steps to prosecute the matter after the No Objection was issued, the court held that the petition could not be entertained. Consequently, the petition was dismissed for non‑prosecution. The decision was delivered by Justice Amit Borkar of the Bombay High Court.

Issues considered

What is the appropriate course of action when a petitioner submits a No Objection but no further steps are taken by either party?

Subjects

writ petition
non‑prosecution
dismissal
No Objection
civil appellate jurisdiction

Judgment

                                                                               50-WP-478-12.doc



                                                                                    Sayali


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

SAYALI                                 WRIT PETITION NO. 478 OF 2012
DEEPAK
UPASANI
Digitally signed by
                      Prashant Prakash Kalsekar                     … Petitioner
SAYALI DEEPAK                    V/s.
UPASANI
Date: 2026.03.04
16:54:22 +0530        The State of Maharashtra and Others           … Respondents

                      Mr. Shivam Kukreja i/b Goenkar Law Associates, for
                      Petitioner.
                      Mr. S. P. Kamble, AGP for State-Respondent nos. 1 and
                      2.



                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : MARCH 04, 2026

                      P.C.:

                      1.      The petitioner states that he has handed over a No
                      Objection to the respondent; however, none appears for the
                      petitioner after issuance of the said No Objection.

                      2.      Accordingly, the petition is dismissed for non-prosecution.




                                                                   (AMIT BORKAR, J.)




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