Bombay High Court
SK RAHIMODDIN SK RAHMAN THOUGH LRS SALMA BEGUM SK RAHIMODDIN AND OTHERSversusSECRETARY THROUGH THE GOVERNMENT OF MAHARASHTRA TRANSPORT DEPT AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
Continued non-appearance of the petitioners despite opportunities warrants dismissal of the writ petition in default for want of prosecution.
Summary
This writ petition was filed by SK Rahimoddin SK Rahman through LRs Salma Begum SK Rahimoddin and others against the Secretary, Government of Maharashtra, Transport Department and another. On 06.01.2026, when the matter was called in the morning session, none appeared for the petitioners. The Court kept the matter back in the afternoon session to give another opportunity, but none appeared for the petitioners then either. The petition was accordingly listed on 08.01.2026 under the caption "For Dismissal" in the urgent orders category. On 08.01.2026 also, none appeared for the petitioners. In view of the continued non-appearance, the Court dismissed the writ petition in default for want of prosecution. No merits of the dispute were considered.
Issues considered
- Whether the writ petition is liable to be dismissed in default for want of prosecution when the petitioners fail to appear despite opportunities?
Subjects
- dismissal in default
- want of prosecution
- non-appearance
- writ petition
Judgment
2026:BHC-AUG:593
1 907 WP 5622-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 WRIT PETITION NO. 5622 OF 2019
SK RAHIMODDIN SK RAHMAN THOUGH LRS SALMA BEGUM SK
RAHIMODDIN AND OTHERS
VERSUS
SECRETARY THROUGH THE GOVERNMENT OF MAHARASHTRA
TRANSPORT DEPT AND ANOTHER
…
Mr. D.R. Korde – AGP for Respondents, State
…
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 08.01.2026
PER COURT :
1. None appears for the petitioners.
2. On 06.01.2026, the following order was passed :
“1. None appears for the petitioners.
2. In fact, when this matter was called in the morning
session, none appeared on behalf of the petitioners.
Even on Court’s motion, when the matter was kept
back in the afternoon session to give one more
opportunity to the petitioners, none appeared on behalf
of them.
3. List the petition on 08.01.2026, under the caption “For
Dismissal” in urgent orders category.”
3. Today also, none appears for the petitioners.
4. In view thereof, the Writ Petition stands dismissed in default for
want of prosecution.
[ SIDDHESHWAR S. THOMBRE, J. ]
Pooja Kale/
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