Bombay High Court
MANISHA MANOHAR KARTADEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed for want of prosecution.
Summary
Manisha Manohar Kartade filed a writ petition before the Bombay High Court, Aurangabad Bench. The Court issued a notice for the petitioner to appear and prosecute the petition, which was served. The petitioner failed to appear despite the notice, and the Court gave a further opportunity by listing the matter for hearing on 23-07-2026. The petitioner again did not appear, nor was any representative present. Consequently, the Court dismissed the petition for want of prosecution.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and prosecute a writ petition despite being served notice?
Subjects
- writ petition
- want of prosecution
- dismissal
- procedural default
- court notice
Judgment
2026:BHC-AUG:37214
8-sr10.wp5217.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
10 WRIT PETITION NO. 5217 OF 2024
MANISHA MANOHAR KARTADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
----
Mr.R.K.Ingole, AGP for respondent nos.1 to 5
Mr.S.M.Biyani, Advocate for respondent no.7
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 17, 2026
ORDER :-
Consequent to the elevation of the then learned advocate
for the petitioner, Registry has issued notice to the petiitoner for
making arrangement to prosecute the petition. The record reflects that
notice is served. However, none appears for the petitioner. This Court
on 17.07.2026 observed thus:-
“ Despite the service of notice, no one appears for
the Petitioner. It seems that the Petitioner is not interested
in prosecuting the matter. However, with a view to
affording one more opportunity to the Petitioner, list the
matter on 23-07-2026 for hearing and passing of an
order/dismissal order. “
2. Today also when the matter is called out none appeared
for the petitioner nor there is any representative for the petitioner. In
view of the same, this court is constrained to dismiss the petition for
2 8-sr10.wp5217
want of prosecution. The petition is dismissed for want of
prosecution.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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