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Bombay High Court

SHRI. BHAVKAI DEVI VIKAS SEVA SAHAKARI SEVA SANSTHA MARYADIT, JAVALIversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY, MINISTRY OF CO-OP. TEXTILES AND MARKETING AND ORS

Disposal
Dismissed

Holding

A writ petition is liable to be dismissed for non‑prosecution when the petitioner fails to appear and does not file any application to continue the proceedings.

Summary

The petitioner, Datta Vikas Seva Sahakari Seva Sanstha Maryadit, filed a series of writ petitions (Nos. 4364, 4366‑4367, 5749‑5755, 5770‑6186, 6190 of 2024) before the Bombay High Court, Kolhapur Bench. The petitions were listed for dismissal after the petitioners failed to appear on the scheduled hearing dates. No further applications or affidavits were filed by the petitioner to seek a continuance or explain the non‑appearance. The Court, noting the absence of any prosecution and the procedural rule that a party must actively pursue its relief, ordered the dismissal of all the petitions. The judgment emphasizes that the court cannot entertain dormant petitions and must enforce procedural discipline. Consequently, the petitions were dismissed for non‑prosecution.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear and makes no further application?

Subjects

  • writ petition
  • dismissal
  • non‑prosecution
  • procedural law
  • High Court

Judgment

2026:BHC-KOL:8231-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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