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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its inherent jurisdiction to grant leave for withdrawal of the civil application, resulting in its disposal as withdrawn.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 Consequently, the civil application was disposed of as withdrawn.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  • Whether a civil application already filed may be withdrawn at the request of the applicant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
              arp/


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