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Bombay High Court

CHIRANJIVILAL KANAYALAL BASSAYE AND OTHERSversusARJUN BHIMRAO MANDVE AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of as withdrawn, and the ancillary civil applications are also disposed of.

Summary

The petitioner, Arjun Bhimrao Mandve, sought permission to withdraw the writ petition (WP No. 10804 of 2022) and to file a fresh petition challenging the same orders. The learned senior counsel, Rajendra Deshmukh, appeared on behalf of the petitioner and requested the court's leave to withdraw. The court granted the permission, disposing of the writ petition as withdrawn while keeping all points open for future litigation. Consequently, the civil applications that were filed in conjunction with the writ petition were deemed to have no surviving cause of action and were also disposed of. No substantive merits of the underlying dispute were addressed.

Issues considered

  • What is the court's jurisdiction to allow a party to withdraw a writ petition and seek leave to file a fresh petition?
  • What is the effect of the withdrawal of a writ petition on ancillary civil applications filed therein?

Subjects

  • writ petition
  • withdrawal
  • civil application
  • procedural law
  • high court

Judgment

2026:BHC-AUG:23546

                                                                  931-WP-10804-2022.doc




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            931 WRIT PETITION NO. 10804 OF 2022

                                     Arjun Bhimrao Mandve
                                            VERSUS
                    The State Of Maharashtra Through Its Secretary And Others

                                            WITH
                             CIVIL APPLICATION NO. 12882 OF 2024
                                      IN WP/10804/2022

                            Chiranjivilal Kanayalal Bassaye And Others
                                              VERSUS
                                Arjun Bhimrao Mandve And Others

                                            WITH
                             CIVIL APPLICATION NO. 12920 OF 2025
                                      IN WP/10804/2022

                            Chiranjivilal Kanhyalal Bassaye And Others
                                              VERSUS
                                Arjun Bhimrao Mandve And Others

                                            WITH
                             CIVIL APPLICATION NO. 13602 OF 2025
                                      IN WP/10804/2022

                                   Ashok Shivnarayan Jaiswal
                                           VERSUS
                               Arjun Bhimrao Mandve And Others

                                               ...
          Mr. Rajendra Deshmukh, Senior Advocate a/w Shriram Deshmukh and
          Kunal Kale for the Petitioner in WP/10804/2022.
          Mr. Milind M. Patil h/f Dhananjay Mane for Respondent No.6.
                                               ...


                                         CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                         DATE :       12 JUNE 2026

          Shubham                                                             Page 1 of 2
                                                              931-WP-10804-2022.doc


P. C.:

1.        Heard Mr. Deshmukh, learned senior counsel who, on instructions,

seeks permission to withdraw this Petition with liberty to file a fresh Petition

to challenge the order passed in another proceeding including the orders

which are challenged in the present Petition.

2.        The Writ Petition is disposed of as withdrawn. All the points are kept

open.

3.        In view of the disposal of the Writ Petition, the Civil Applications filed

therein do not survive and are accordingly disposed of.



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                   Page 2 of 2


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