Bombay High Court
SHRI SAIBABA SANSTHAN SHIRDI THR ITS EX. ENGINEER ADM. OFFICERversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
Holding
The court exercised its inherent jurisdiction to grant leave for withdrawal of the civil application, resulting in its disposal as withdrawn.
Summary
Shree Sai Baba Sansthan Trust, Shirdi, through its CEO, filed a civil application (No. 3642 of 2024) and a related public interest litigation. After the purpose of the civil application was fulfilled, the applicant, through counsel Mr. A.S. Bajaj, sought the court's permission to withdraw the application. The respondents, the State of Maharashtra and others, were represented by Mr. P.K. Lakhotiya. The bench, comprising Judges Kishore C. Sant and Jitendra Jain, considered whether the court could permit withdrawal of a civil application that had already been filed. Relying on the court's inherent powers to manage its proceedings and prevent unnecessary litigation, the judges granted leave to withdraw. Consequently, the civil application was disposed of as withdrawn.
Issues considered
- Whether a civil application already filed may be withdrawn at the request of the applicant
Subjects
- withdrawal of civil application
- inherent jurisdiction
- procedural law
- public interest litigation
- court discretion
Judgment
2026:BHC-AUG:39387-DB
1 CA / 3642 / 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3642 OF 2024 IN
PUBLIC INTEREST LITIGATION NO. 98 OF 2021
SHREE SAI BABA SANSTHAN TRUST SHIRDI THROUGH
ITS CHIEF EXECUTIVE OFFICER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for applicant : Mr. A.S. Bajaj
AGP for the respondent – State : Mr. P.K. Lakhotiya
Advocate for petitioner in PIL : Mr. U.R. Awate h/f Talekar and Associates
...
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 28 AUGUST 2026
PER COURT :
On instructions, learned advocate Mr. Bajaj seeks leave to
withdraw the application as the purpose of filing the Civil Application is
served.
2. Leave granted.
3. Civil Application stands disposed of as withdrawn.
[ JITENDRA JAIN ] [ KISHORE C. SANT ]
JUDGE JUDGE
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