Bombay High Court
MR. KHILARE AMBADAS VASANTversusTHE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND ORS.
- Disposal
- Allowed
Holding
The court granted the petitioner liberty to withdraw the writ petition and disposed of it.
Summary
The applicant filed a civil application seeking restoration of a writ petition that had been dismissed for failure to remove an office objection. The court heard arguments and, based on the interim application, allowed the relief sought in prayer clause 4.1. Subsequently, by consent, the writ petition was taken up for hearing, and the petitioner’s counsel submitted an affidavit requesting liberty to withdraw the petition and pursue appropriate proceedings. The court granted the liberty to withdraw. Accordingly, the writ petition was disposed.
Issues considered
- Whether a writ petition dismissed for non‑removal of an office objection can be restored
- Whether the petitioner is entitled to liberty to withdraw the writ petition and file a fresh proceeding
Subjects
- writ petition
- restoration
- office objection
- withdrawal
- civil appellate jurisdiction
Judgment
(1) 5caw1083.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION IN WP NO. 1083 OF 2018
IN
WRIT PETITION ST NO. 17852 OF 2017
Mr. Khilare Ambadas Vasant
….Applicant
VERSUS
The State Of Maharashtra, Through Its Secretary And Ors.
…..Respondents
Ms. Ketki Patil, Advocate h/f Mr. Madhav Chavan, Advocate for the
Applicant
Digitally
Mr. N. C. Walimbe, Addl. G. P. a/w Mr. Santosh A. Jadhav ‘B’ Panel
signed by Counsel for the State
VISHAL VISHAL RAM
KAMBLE
RAM Date:
KAMBLE 2026.09.16
17:07:53
+0530
CORAM : RAJESH S. PATIL &
ABHAY J. MANTRI, JJ.
DATE : 15th SEPTEMBER, 2026
PER COURT :
1. This Application is filed for restoration of the Writ
Petition which was dismissed for non-removal of office objection.
2. Heard both the learned Advocates for the parties.
3. In view of the averments made in the interim application,
the Interim Application is allowed in terms of prayer Clause-4.1.
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(2) 5caw1083.18
WRIT PETITION ST. NO.17852/2017
1. By consent, Writ Petition is taken up for hearing.
2. Learned Advocate for the Petitioner has tendered an
affidavit dated 04-06-2026 across the bar and same is taken on record.
She seeks liberty to withdraw the Writ Petition and file appropriate
proceeding.
3. Liberty as prayed for is granted.
4. Accordingly, the Writ Petition is disposed of.
[ABHAY J. MANTRI, J. ] [RAJESH S. PATIL, J.]
VishalK/5caw1083.18
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