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Bombay High Court

KRISHNAPRASAD BHANUDAS GOREversusTHE STATE OF MAHARASHTRA THORUGH ITS SECRETARY AND ANOTHER

Disposal
DISPOSED OFF

Holding

A review cannot be entertained when the original petition has been withdrawn on the petitioner's instructions.

Summary

Krishnaprasad Bhanudas Gore filed a review application challenging the High Court's order dated 15 July 2025 that his writ petition (No. 5936/2024) was withdrawn on his instructions. The petitioner argued that the court had committed an error apparent on the face of the record in disposing of the petition as withdrawn. The Court examined whether any such error existed and whether a review could be entertained after a petition has been withdrawn. It held that no error was evident and that a review cannot be entertained when the original petition has been withdrawn at the petitioner's behest. Consequently, the review application was dismissed, with the Court indicating that the petitioner may pursue any other appropriate remedy.

Issues considered

  • Whether a review application can be entertained when the original writ petition has been withdrawn by the petitioner.

Subjects

  • review of judgment
  • withdrawal of petition
  • high court procedure
  • civil application
  • error apparent on the face of the record

Judgment

                                    (1)                 905-CA-4624-2026


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                905 CIVIL APPLICATION NO. 4624 OF 2026
                          IN RAST/26681/2025

                      Krishnaprasad Bhanudas Gore
                                VERSUS
      The State Of Maharashtra Through Its Secretary And Another
                                   ...
Mr. Shivraj B. Kadu, Advocate for Applicant.
Mr. S. R. Yadav-Lonikar, AGP for Respondent-State.

                                 CORAM : KISHORE C. SANT &
                                            NEERAJ P. DHOTE, JJ.

                                 DATE     : 18th AUGUST 2026.

PC :-

1.      Heard the parties.

2.      The order dated 15/07/2025 passed by this Court in Writ Petition

No.5936/2024 which is sought to be reviewed, reads as under:

         “.    Learned counsel for the petitioner, on instructions,
         seeks leave to withdraw the petition.
         2.    In view of above, writ petition stands disposed of as
         withdrawn.”

3.      This Court fails to understand as to in what manner any error

apparent on the face of record is committed by this Court while passing
                                           (2)                  905-CA-4624-2026


the order. This Court hardly finds any reason to entertain a Review

Application when the petition is withdrawn on instructions of petitioner.

Review Application is totally devoid of merit and the same stands

rejected.

4.           It is open for the petitioner to avail any other remedy or to file any

other proceeding in accordance with law.



     [NEERAJ P. DHOTE, J.]                             [KISHORE C. SANT, J.]

D.A.ETHAPE


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