Bombay High Court
SHRI BALAJI MININGS THROUGH ITS PROPRIETOR PARIKSHIT VRASHKETU JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the delay is condoned, the writ petition is restored, and the petitioner is permitted to withdraw the petition with liberty to approach an alternative forum.
Summary
The petitioner, Balaji Minings, filed a civil application seeking condonation of delay and restoration of its writ petition. The High Court, after hearing counsel, condoned the delay and allowed the application, thereby restoring the writ petition to its original position. Subsequently, the petitioner requested permission to withdraw the writ petition and approach an alternative forum. The Court granted leave to withdraw with liberty to approach the appropriate forum. The writ petition was consequently disposed of as withdrawn.
Issues considered
- Whether the delay in filing the civil application can be condoned.
- Whether the writ petition should be restored to its original position.
- Whether the petitioner may be permitted to withdraw the writ petition and approach an alternative forum.
Subjects
- condonation of delay
- writ petition
- withdrawal of petition
- civil procedure
- high court
Judgment
2026:BHC-AUG:42665-DB
18-CA.10740.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
18 CIVIL APPLICATION NO. 10740 OF 2026
IN WP/585/2018
WITH
(NOT ON BOARD)
WRIT PETITION NO.585 OF 2018
Shri Balaji Minings Through Its Proprietor Parikshit Vrashketu Jadhav
VERSUS
The State of Maharashtra And Others
...
Ms. Sakshi Katneshwarkar h/f. Ms. Khushi K. Varma, Advocate for the
Applicant-Petitioner.
Ms. Vaishali P. D., AGP for the Respondents.
...
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 15th SEPTEMBER, 2026
PER COURT :
CIVIL APPLICATION NO. 10740 OF 2026
1. Heard learned Advocate for the applicant.
2. For the reasons stated in the application, delay stands
condoned. Application is allowed.
3. Writ Petition stands restored to its original position.
WRIT PETITION NO.585 OF 2018
4. At the outset, learned Advocate for the Petitioner seeks leave to
withdraw the writ petition with liberty to approach the appropriate
alternative forum.
Sayyed 1/2
18-CA.10740.2026.doc
5. Leave is granted with liberty as prayed for.
6. Petition stands disposed off as withdrawn.
(JITENDRA JAIN, J.) (KISHORE C. SANT, J.)
Sayyed 2/2
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