Bombay High Court
PRAKASH NARSING BIRAJDARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
A writ petition may be dismissed for want of prosecution when the petitioner fails to appear despite court directions.
Summary
The petitioner, Prakash Narsing Birajdar, filed writ petition No. 7657 of 2014 before the Bombay High Court, Aurangabad bench, seeking relief against the State of Maharashtra and others. No counsel appeared for the petitioner on the scheduled hearing dates, despite the court’s directions to appear in both morning and afternoon sessions. The court, noting the continued non‑appearance, listed the matter for dismissal on 16 September 2026. It held that a writ petition cannot proceed when the petitioner fails to prosecute the case. Consequently, the petition was dismissed for want of prosecution.
Issues considered
- Whether the writ petition should be dismissed for want of prosecution due to the petitioner’s failure to appear before the court?
Subjects
- writ petition
- dismissal
- want of prosecution
- procedural default
- High Court
- Aurangabad bench
Judgment
2026:BHC-AUG:42534
30 WP7657.2014
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 WRIT PETITION NO. 7657 OF 2014
PRAKASH NARSING BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
AGP for Respondent/State: Mr. R. B. Dhaware
...
CORAM : SACHIN S. DESHMUKH, J.
Date : 16.09.2026
PER COURT :-
1. Recording absence of learned counsel for the
Petitioner, this court passed the following order dated
09.09.2026:
“1. Since, none appeared in the morning session for
the Petitioner, as such, the matter was kept back and,
thereafter, called out in the afternoon session, still,
none appears for the Petitioner.
2. As such, list the matter for dismissal, on
16.09.2026.”
2. Even today, nobody is present for the Petitioner.
30 WP7657.2014
-2-
3. In that view of the matter, the Writ Petition stands
dismissed for want of prosecution.
(SACHIN S. DESHMUKH, J.)
marathe
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