Bombay High Court

ASHOK MAHADEV KATKHADEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISMISSED

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a criminal writ petition seeking the court’s direction to lodge an FIR against a sand‑mafia and certain government officers, relying on a letter dated 5 April 2023 issued by the Collector of Beed. The Court’s resource personnel reported that despite the petition’s request, neither the petitioner nor the respondents had taken any steps to file the FIR after the notice was issued. The petitioner remained absent throughout the proceedings, indicating a lack of interest in pursuing the matter. The Court observed that the petitioner’s inaction amounted to a failure to prosecute the alleged offence. Consequently, the petition was dismissed on the ground of non‑prosecution.

Issues considered

Whether the High Court can compel the filing of an FIR against alleged sand‑mafia and government officers.
Whether the petitioner’s absence and failure to act justify dismissal of the writ petition for non‑prosecution.

Subjects

sand mafia
FIR
non-prosecution
criminal writ petition
court direction
public interest litigation

Judgment

2026:BHC-AUG:44117-DB

916 wp 986-23 .

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

916 CRIMINAL WRIT PETITION NO. 986 OF 2023

ASHOK MAHADEV KATKHADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Ms. Uma S. Bhosale, APP for Respondent-State
….

CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV, JJ.

Date : 24/09/2026

PER COURT :

1. None for the petitioner.
2. The report of the Resource Personnel of this Court indicates
that though certain directions have been sought for lodging an FIR
against the sand mafia as well as the concerned Government
Officers pursuant to the letter dated 05/04/2023 issued by the
Collector, Beed, but no steps have been taken by either party to
proceed with the matter after issuance of the notice.
3. Even today, the petitioner remains absent. In the
circumstances, it appears that the petitioner is not interested in
diligently prosecuting the matter. Accordingly, the petition stands
dismissed for non-prosecution.

[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C. MORE]
JUDGE JUDGE

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