Bombay High Court
SHRI. DEV VAKOBA VIVIDH SEVA SAHAKARI SEVA SANSTHA MARYADIT VAKOLI THR. CHIEF PROMOTERversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY MINISTRY OF CO OPERATION, TEXTILES AND MARK. AND ORS
- Disposal
- Dismissed
Holding
A writ petition is liable to be dismissed for non‑prosecution where the petitioner fails to appear and no application is filed within the prescribed time.
Summary
The petitioner, Datta Vikas Seva Sahakari Seva Sanstha Maryadit, filed a large number of writ petitions (Nos. 4364, 4366‑4367, 5749‑5755, 5770‑5775, 5776‑6186, 6190) before the Bombay High Court, Kolhapur Bench. No counsel appeared on behalf of the petitioner on the scheduled hearing dates, and the petitioner failed to seek any accommodation or file any application to continue the proceedings. The Court, noting the petitioner’s non‑appearance and lack of any pending application, proceeded to dismiss all the petitions for non‑prosecution. The judges held that procedural rules require active prosecution of a writ petition, and a failure to appear amounts to abandonment. Consequently, the petitions were dismissed and any pending applications were deemed disposed of. The decision underscores the Court’s strict adherence to procedural compliance in writ proceedings.
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
- procedural law
- High Court
- dismissal
Judgment
2026:BHC-KOL:8226-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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