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Bombay High Court

OM SHREE ADHISHTHADEVI VIKAS SEVA SAHAKARI SEVA SANSTHA MARYADITversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Disposal
Dismissed

Holding

A writ petition is liable to be dismissed for non‑prosecution where the petitioner fails to appear and no further steps are taken to pursue the relief.

Summary

The petitioner, Datta Vikas Seva Sahakari Seva Sanstha Maryadit, filed a series of writ petitions (Nos. 4364, 4366‑4367, 5749‑5755, 5770‑6186, etc.) before the Bombay High Court, seeking relief against the State of Maharashtra. The petitions were listed for dismissal because the petitioner’s counsel failed to appear on the scheduled dates. The Court noted that no further applications were filed to revive the matters. Relying on procedural rules, the Court held that a petition cannot proceed in the absence of prosecution by the petitioner. Consequently, all the writ petitions were dismissed for non‑prosecution, and any pending applications were also disposed of.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the Court?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural law
  • Civil Appellate Jurisdiction
  • Bombay High Court

Judgment

2026:BHC-KOL:8237-DB

                                                                     3-WP-4364-2024.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 4364 OF 2024

               Datta Vikas Seva Sahakari Seva Sanstha Maryadit,     ...Petitioner
               Through Chief Promoter
                       Versus
               The State Of Maharashtra Through Its Secretary And ...Respondents
               Ors.

                                              WITH
                                  WRIT PETITION NO. 4366 OF 2024
                                              WITH
                                  WRIT PETITION NO. 4367 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5749 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5750 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5751 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5752 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5753 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5754 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5755 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5770 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5771 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5772 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5773 OF 2024
                                              WITH
                                  WRIT PETITION NO. 5775 OF 2024
                                              WITH


               Arya Chavan                     1 of 3
                                               3-WP-4364-2024.doc


              WRIT PETITION NO. 5776 OF 2024
                          WITH
              WRIT PETITION NO. 5777 OF 2024
                          WITH
              WRIT PETITION NO. 5778 OF 2024
                          WITH
              WRIT PETITION NO. 5779 OF 2024
                          WITH
              WRIT PETITION NO. 5780 OF 2024
                          WITH
              WRIT PETITION NO. 5791 OF 2024
                          WITH
              WRIT PETITION NO. 5793 OF 2024
                          WITH
              WRIT PETITION NO. 5796 OF 2024
                          WITH
              WRIT PETITION NO. 5798 OF 2024
                          WITH
              WRIT PETITION NO. 5800 OF 2024
                          WITH
              WRIT PETITION NO. 5802 OF 2024
                          WITH
              WRIT PETITION NO. 5803 OF 2024
                          WITH
              WRIT PETITION NO. 5804 OF 2024
                          WITH
              WRIT PETITION NO. 5805 OF 2024
                          WITH
              WRIT PETITION NO. 5806 OF 2024
                          WITH
              WRIT PETITION NO. 5807 OF 2024
                          WITH
              WRIT PETITION NO. 5808 OF 2024
                          WITH
              WRIT PETITION NO. 5812 OF 2024
                          WITH
              WRIT PETITION NO. 6182 OF 2024
                          WITH
              WRIT PETITION NO. 6183 OF 2024
                          WITH
              WRIT PETITION NO. 6184 OF 2024
                          WITH
              WRIT PETITION NO. 6185 OF 2024


Arya Chavan              2 of 3
                                                           3-WP-4364-2024.doc


                                  WITH
                      WRIT PETITION NO. 6186 OF 2024
                                  WITH
                      WRIT PETITION NO. 6190 OF 2024
                               ——————
Mr. Satyajeet Swami a/w Mr. Sudhir Patil i/b Mr. Dnyanesh Patil, for the
Petitioner.
Mr. N.C.Walimbe, Addl. GP, a/w Ms. Tejas Kapre, AGP for the Respondent-State.
Adv. Gangaji Naik, for the Respondent No. 5.
                                 ——————
                                   Coram :     SHARMILA U. DESHMUKH &
                                               NEERAJ P. DHOTE, JJ.
                                   Date      : AUGUST 29, 2026
P. C. :

1.        The Petitions have been listed under the caption for dismissal, as

none appeared on behalf of the Petitioners on the last occasion. Today

as well, an accommodation is sought. The Petitions are dismissed for

non-prosecution.

2.        Applications, if any, do not survive for consideration and stand

disposed of.




 [NEERAJ P. DHOTE, J.]                       [SHARMILA U. DESHMUKH, J.]




Arya Chavan                         3 of 3


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