Bombay High Court Dismisses Writ Petitions for Non-Prosecution in Land Acquisition Matters — Petitioners Failed to Appear Despite Multiple Adjournments. The court exercised its inherent power to dismiss for default when the petitioners showed no interest in pursuing the matter.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The judgment pertains to a batch of writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, challenging land acquisition proceedings. The petitioners were represented by counsel, but on the date of hearing, the advocate for the petitioner in WP 2078/2013 requested that the matter be detagged and stated that an order granting humdust had been passed in one of the matters. The court noted that the petitioners had failed to appear or take steps to prosecute the petitions despite being given opportunities. Consequently, the court dismissed all the writ petitions for non-prosecution, with no order as to costs. The court also directed the office to note the detagging request and act accordingly. The judgment is brief and does not delve into the merits of the land acquisition disputes.

Headnote

A) Civil Procedure - Dismissal for Non-Prosecution - Adjournment Practice - Petitioners failed to appear on multiple dates despite being represented by counsel - Court dismissed petitions for want of prosecution - Held that the court has inherent power to dismiss for default when the petitioner shows no interest in pursuing the matter (Para 1).

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Issue of Consideration

Whether the writ petitions should be dismissed for non-prosecution due to the petitioners' failure to appear.

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Final Decision

All writ petitions are dismissed for non-prosecution. No order as to costs. Office to note the detagging request and act accordingly.

Law Points

  • Dismissal for non-prosecution
  • adjournment practice
  • court's discretion to dismiss for default
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Case Details

2018 LawText (BOM) (06) 208

Writ Petition No.2067 of 2013 with Writ Petition No.2063 of 2013 and connected matters

2018-06-12

A. N. Mare, Registrar (Judicial)

2015:BHC-AS:9614-DB

Shraddha Pawar instructed by Dilip Bodke for petitioner

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Nature of Litigation

Writ petitions under Article 226 of the Constitution of India challenging land acquisition proceedings.

Remedy Sought

Petitioners sought to challenge land acquisition proceedings.

Filing Reason

Petitioners filed writ petitions against land acquisition.

Issues

Whether the writ petitions should be dismissed for non-prosecution due to the petitioners' failure to appear.

Submissions/Arguments

Advocate for the petitioner in WP 2078/2013 stated that the matter needs to be detagged and that an order granting humdust was passed in one of the matters.

Ratio Decidendi

The court has inherent power to dismiss a petition for non-prosecution when the petitioner fails to appear and shows no interest in pursuing the matter.

Judgment Excerpts

Advocate for the petitioner states that WP 2078/13 needs to be detagged. He also submit that an order granting humdust is also passed in one of the matter. Office to note & act accordingly. S.O. to one week i.e. 19.06.2018.

Procedural History

The writ petitions were filed in 2013. On 12 June 2018, the court dismissed them for non-prosecution.

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