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Bombay High Court

CHIRANJIVILAL KANHYALAL BASSAYE AND OTHERSversusARJUN BHIMRAO MANDVE AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of as withdrawn, and the civil applications filed therein do not survive.

Summary

The petitioner, represented by senior counsel Rajendra Deshmukh, sought permission to withdraw the writ petition and to file a fresh petition challenging the same orders. The Court granted the request, disposing of the writ petition as withdrawn while keeping all points open for future litigation.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. The order reflects procedural discretion to allow withdrawal and dismissal of related applications.

Issues considered

  • Whether a writ petition can be withdrawn with liberty to file a fresh petition challenging the same orders
  • Whether civil applications filed within a withdrawn writ petition survive

Subjects

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

Judgment

2026:BHC-AUG:23548

                                                                  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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