Bombay High Court

SHREE SUBHASH HASUJI PEDHAVIversusSTATE OF MAHARASHTRA THRU THE PRIN. SECRETARY, FINANCE DEPT. AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition was dismissed for non‑prosecution as the petitioner repeatedly sought adjournments despite a court order prohibiting further adjournments.

Summary

The petitioner, Shree Subhash Hasuji Pedhavi, filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra. The petitioner’s counsel repeatedly sought adjournments, despite the Court’s order on 13 July 2026 that no further adjournments would be granted and that the petition be served on the Government Pleader. On a prior occasion the petitioner failed to appear, leading to dismissal for non‑prosecution, after which the petition was restored when counsel appeared and requested another adjournment. On the current date, counsel again sought time, but the Court, relying on its earlier order and the petitioner’s pattern of non‑appearance, dismissed the petition for non‑prosecution. The dismissal was pronounced by Justice Amit Borkar, emphasizing that the Court will not entertain further adjournments and will treat the petition as abandoned.

Issues considered

Whether the Court can refuse further adjournments and dismiss a writ petition for non‑prosecution.
Whether the petitioner’s repeated failure to appear amounts to abandonment of the petition.

Subjects

adjournment
non‑prosecution
writ petition
civil procedure
court order
abandonment

Judgment

                                                                             11-wp-7954-2019.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.7954 OF 2019

                      Shree Subhash Hasuji Pedhavi                  … Petitioner
SHABNOOR
AYUB                             V/s.
PATHAN                State of Maharashtra & Ors.                   … Respondents
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.07.27
15:23:23 +0530
                      Mr. Dattatraya Vilas Devkar i/b Vilas Mali, for the
                      Petitioner.
                      Ms. S. D. Chipade, AGP, for the State – Respondent.


                                                   CORAM       : AMIT BORKAR, J.

                                                   DATED       : JULY 27, 2026
                      P.C.:

                      1.      On 13 July 2026, this Court passed the following order:

                              1.    Stand over to 20th July, 2026, High on Board.

                              2.    It is made clear that on the next date, no further
                              adjournment will be granted on any ground.

                              3.    The petitioner shall serve copy of this petition to the
                              office of Government Pleader.”

                      2.      Even on the earlier occasion, the learned Advocate for the
                      petitioner sought an adjournment. Today also, the learned
                      Advocate seeks an adjournment.

                      3.      On the previous occasion, when the matter was called out,
                      none appeared on behalf of the petitioner, and accordingly, the
                      petition was dismissed for non-prosecution. Thereafter, at about




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                                                       11-wp-7954-2019.doc


5:00 p.m., the learned Advocate for the petitioner appeared before
the Court, mentioned the matter, and sought an adjournment. At
the request of the petitioner, the petition was restored.

4.    Today again, the learned Advocate for the petitioner seeks
time. In view of the order dated 13 July 2026, and considering the
aforesaid facts, the writ petition is dismissed for non-prosecution.


                                              (AMIT BORKAR, J.)




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