Bombay High Court
SHRI. BORKAR RAMDAS MADANE AND ORSversusVIKASHAK MUNDRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition and the pending civil application are dismissed for non‑prosecution.
Summary
The petitioners filed a writ petition challenging a 2011 order that dismissed their appeal under Section 35 of the Maharashtra Slum Areas (IC& R) Act, 1971 and directed eviction. The High Court gave the petitioners multiple opportunities to show the present status of the premises and to seek interim relief, but no interim relief was granted in the pending civil application. After repeated adjournments, the petitioners failed to appear on the scheduled hearing dates, indicating a lack of interest in pursuing the matter. The Court consequently dismissed the writ petition and the related civil application for non‑prosecution, vacating any interim relief that might have existed. The order was signed digitally and directed to be acted upon.
Issues considered
- Whether a writ petition can be dismissed for non‑prosecution when the petitioners fail to appear despite multiple adjournments
- Whether interim relief granted earlier stands when the petition is dismissed for non‑prosecution
Subjects
- writ petition
- dismissal
- non‑prosecution
- eviction
- Maharashtra Slum Areas Act
- civil application
- interim relief
Judgment
4-WP-8932-2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
WRIT PETITION NO.8932 OF 2011
HUSENBASHA
HUSENBASHA RAHAMAN
NADAF
WITH
RAHAMAN
NADAF Date:
2026.09.08
CIVIL APPLICATION NO.2241 OF 2012
20:21:47
+0530 IN
WRIT PETITION NO.8932 OF 2011
Shri Borkar Ramdas Madane and Ors. … Petitioners /Applicants
Versus
Vikashak Mundra and Ors. … Respondents
***
None for the Petitioners.
Dr. Dhruti Kapadia for the Respondent/State.
***
CORAM : M.M. SATHAYE, J.
DATE : 8th SEPTEMBER, 2026
P.C. :
1. On 17.08.2026, following order was passed:
“1. The petition is filed challenging order dated 20.10.2011
passed by Administrator and Divisional Commissioner Division
Konkan Division, Mumbai, dismissing appeal filed by the Petitioners
under Section 35 of the Maharashtra Slum Areas ( IC& R) Act, 1971
('the Said Act' for short). It was directed that after giving notice of 7
days, the action under eviction order dated 21.07.2011 be taken
subject to decision of the High Power Committee.
2. Record indicates that while admitting the petition on
22.11.2011, it is already recorded that the notices of
eviction/demolition are implemented; however, the proceedings
before High Power Committee was pending. Therefore, for the
purpose of interim relief, liberty was given to the Petitioners to file
separate civil application.
Husen 1
4-WP-8932-2011.doc
3. Perusal of the only pending civil application indicates that no
interim relief is granted therein. The order of eviction/ demolition
under Section 33/38 of the said Act is of July 2011.
4. In view of long lapse of time during pendency of the petition,
it is necessary for the petitioners to first point out what is the
present stage of premises in question and whether anything
survives. For the said purpose, stand over to 24.08.2026 as an
opportunity to the Petitioners.
5. To be listed 'for dismissal.'”
2. On 01.09.2026, following order was passed:
“1. Under order dated 17.08.2026, the matter was directed to be
listed for dismissal on 24.08.2026. However, on 24.08.2026, since
this Court was not available (due to Division Bench work), the
matter is adjourned for today.
2. In that view of the matter, to give one more opportunity to the
Petitioner, stand over to 08.09.2026. To be listed 'for dismissal'.
3. Today, the matter is listed for dismissal. However, nobody is
appearing for the Petitioners. It appears that the Petitioners are not
interested to proceed with the petition. Writ petition along with pending
civil application are therefore dismissed for non prosecution. Interim/ad-
interim relief, if any, stands vacated.
4. All concerned to act on duly authenticated or digitally signed QR
verifiable copy of this order.
(M.M. SATHAYE, J.)
Husen 2
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