Case Note & Summary
The petitioner, Qader Khan s/o Ismail Khan, a resident of Parbhani district, filed a writ petition in the High Court of Judicature at Bombay, Bench at Aurangabad, challenging a notice dated 30.09.1992 issued by the Divisional Commissioner, Aurangabad. The notice was issued under Section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, in respect of an enquiry that had been initiated against the petitioner's father, Ismail Khan s/o Lal Khan, in the year 1977. The petitioner claimed that his father was an aged person suffering from Asthma, and the petitioner, being the only son, had participated and conducted the enquiry on behalf of his father. The petitioner sought to quash the notice. However, on the date of hearing, none appeared for the petitioner, and the petitioner had not taken any steps to prosecute the petition. The court observed that the petition was of the year 1992 and had been pending for a long time. Since the petitioner failed to appear or prosecute the petition, the court dismissed the writ petition for want of prosecution. The court did not examine the merits of the case.
Headnote
A) Constitutional Law - Writ Jurisdiction - Dismissal for Non-Prosecution - Petitioner failed to appear or prosecute the writ petition challenging a notice under Section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Court dismissed the petition for want of prosecution - Held that when the petitioner does not appear or prosecute the petition, the court has no option but to dismiss the same (Para 2).
Issue of Consideration
Whether the notice dated 30.09.1992 issued by the Divisional Commissioner under Section 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, is liable to be quashed.
Final Decision
The writ petition is dismissed for want of prosecution.
Law Points
- Writ petition dismissed for non-prosecution
- Notice under Section 14 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
- Enquiry against father
- Petitioner participated in enquiry on behalf of father
