Bombay High Court

BHIKAN VISHVANATH BIRARIversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 29 August 2026
Disposal: Dissmiss For Default/Non-Prosecution

Holding

The writ petition was dismissed for non‑prosecution as the petitioner failed to pursue the case.

Summary

The petitioner, Bhikan Vishvanath Birari, filed a writ petition on 31 October 2020 challenging the State of Maharashtra and others. No appearance was made by the petitioner or his counsel at the hearing. The court noted that the petitioner had not taken any steps to circulate the petition since its filing, indicating a lack of interest in pursuing the matter. Consequently, the petition was dismissed for non‑prosecution. The related interim application for stamp was also disposed of as it could not survive the dismissal of the main petition.

Subjects

writ petition
non‑prosecution
dismissal
civil procedure
interim application

Judgment

ssm 48-wp694.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 694 OF 2021
WITH
INTERIM APPLICATION (STAMP) NO. 10100 OF 2025

Bhikan Vishvanath Birari …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
____________________________________

None for the Petitioner.
Smt. M.H. Mhatre APP, for the Respondent-State.
Mr. Akshay Doctor a/w Adv. Parag Sawant, Adv. Shadad Khan, Adv.
Bhumanyu Champawat Charmi Gala i/by P.S. Chambers for the Respondent-
D.S. Kulkarni Developers Ltd.
____________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 29th AUGUST, 2026.
P.C.:-

1) None for the Petitioner when called out for hearing.

2) Record indicates that, since the date of filing of the Petition i.e.

31st October, 2020, neither the Petitioner nor his Advocate has taken any

steps to circulate the Petition, even once.

2.1) It appears that, the Petitioner is not interested in pursuing the

Petition.

3) Dismissed for non-prosecution.

4) In view of dismissal of Writ Petition, Interim Application

(Stamp) No.10100 of 2025, does not survive and is also disposed off.

Digitally signed
by SANJIV(KAMAL KHATA, J.) (A.S. GADKARI, J.)
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 1/1
2026.09.07
17:01:04 +0530

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