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Bombay High Court

CHANDRAKANT BAMA PATILversusKALYAN AGRICULTURAL PRODUCE MARKET COMMITTE AND ORS.

Decided
Disposal
Dismissed

Holding

The writ petition is dismissed for non‑prosecution and any interim relief stands vacated.

Summary

Chandrakant Bama Patil filed a writ petition challenging the election of a member to the Kalyan Agricultural Produce Market Committee (APMC). The court noted that no interim relief had been granted and that the petitioner failed to appear for hearings. The court gave the petitioner a final opportunity to appear on 27 July 2026, but the petitioner remained absent. Consequently, the court dismissed the petition for non‑prosecution and vacated any interim relief that might have been in place. The order was signed digitally by the presiding judge.

Issues considered

  • What is the appropriate remedy when a petitioner fails to appear and prosecute a writ petition?
  • Should any interim relief granted earlier remain in force despite the petitioner's non‑appearance?

Subjects

  • election dispute
  • APMC
  • writ petition
  • non‑prosecution
  • dismissal
  • interim relief

Judgment

                                                                             17-WP-6097-2005.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 6097 OF 2005


                   Chandrakant Bama Patil                                         ...Petitioner
                              Versus
                   Kalyan Agricultural Produce Market Committee                   ...Respondents
SNEHA              And Ors.
NITIN
CHAVAN
                                                             ****
Digitally signed
by SNEHA
NITIN CHAVAN
                   None for the Petitioner.
Date: 2026.07.27
17:30:15 +0530
                   None for Respondent.
                                                             ****

                                                   CORAM :          M.M. SATHAYE, J.
                                                     DATE :         27th JULY, 2026

                   P.C. :


                   1.             On 13.07.2026, following order was passed.
                                  “1. The dispute is arising out of election. Petitioner and
                                  Respondent No.3 had contested the election for member of
                                  Respondent No.1/Agricultural Produce Market Committee (‘APMC’
                                  for short).
                                  2. Record shows that while admitting the petition, this Court had
                                  not granted any interim relief.
                                  3. Nobody is appearing for the Petitioner. Member of APMC has a
                                  limited term.
                                  4. Stand over to 27.07.2026 as a final opportunity to the Petitioner
                                  to appear and contest. To be listed for ‘dismissal’.”


                   2.             Today the matter is listed for dismissal. However, nobody is
                   appearing for the Petitioner.            It appears that the Petitioner is not
                   interested in proceeding with the matter.



                   Sneha Chavan                                                                    1
                                                     17-WP-6097-2005.doc



3.             Writ Petition is dismissed for non-prosecution. Interim/ad-
interim relief, if any, stands vacated.
4.             All concerned to act on duly authenticated or digitally signed
copy of this order.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                               2


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