Bombay High Court

GHODAKE DATTATRAY NIVRUTTIRAO,ASSISTANT PROFESSOR IN ECONOMICSversusYESHWANT GANGADHAR PATWARDHAN,EXECUTIVE PRESIDENT AND ORS

Decided: 27 July 2026
Disposal: Dismissed as Withdrawn
Bench: AMIT BORKAR

Holding

The Court allowed the withdrawal of both the writ petition and the contempt petition, dismissing them as withdrawn.

Summary

The petitioners, Samaj Shikshan Mandal & Ors. and Ghodake Dattatray Nivrutirao & Ors., filed a writ petition (WP/12004/2016) and a contempt petition (CP/239/2017) before the Bombay High Court. Both petitions sought relief against the respondents, but subsequently the petitioners applied for permission to withdraw the writ petition as well as the contempt petition. The learned counsel for the petitioners, Mr. Mhaispurkar and Mr. Sonare, argued for the withdrawal. The Court examined whether a party may be allowed to withdraw pending proceedings and the procedural consequences of such withdrawal. Finding no impediment, the Court granted the petitioners' request, dismissing both the writ petition and the contempt petition as withdrawn. Consequently, the interim application filed in the contempt proceedings was also disposed of as it no longer survived.

Issues considered

Whether a party may be permitted to withdraw a pending writ petition and a contempt petition.
What is the effect of withdrawal on any interim applications pending in the same proceedings?

Subjects

withdrawal of petition
writ petition
contempt petition
procedural law
dismissal as withdrawn

Judgment

                                                                    22-cap-239-2017 with wp-ia.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.12004 OF 2016

                      Samaj Shikshan Mandal & Ors.                … Petitioners
SHABNOOR
AYUB                            V/s.
PATHAN                Ghodake Dattatray Nivrutirao & Ors.         … Respondents
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2026.07.27
15:23:22 +0530                                    WITH
                                     CONTEMPT PETITION NO.239 OF 2017

                      Ghodake Dattatray Nivrutirao & Ors.         … Petitioners
                                V/s.
                      Samaj Shikshan Mandal & Ors.                … Respondents

                                                   WITH
                                    INTERIM APPLICATION NO.16542 OF 2023

                      Ghodake Dattatray Nivrutirao & Ors.         … Petitioners
                                 V/s.
                      Pradeep Shivam Phadke,
                      Executive President & Ors.                  … Respondents

                      Mr. Sumit Sonare a/w Mr. Adita Raktade i/b Mr.
                      Dnyanesh Patil, for the Petitioner in CP/239/2017.
                      Mr. D. S. Mhaispurkar, for the Petitioner in
                      WP/12004/2016 and for Respondent in CP/239/2017.
                      Mr. Bapusaheb Dahiphale, AGP, for State – Respondent
                      No.4.


                                                  CORAM     : AMIT BORKAR, J.

                                                  DATED     : JULY 27, 2026
                      P.C.:

                      1.      Mr. Mhaispurkar, learned Advocate for the petitioner in the
                      writ petition, and Mr. Sonare, learned Advocate for the petitioner



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                                                22-cap-239-2017 with wp-ia.doc


in the contempt petition, seek permission to withdraw the writ
petition as well as the contempt petition.

2.    Permission, as prayed for, is granted.

3.    Accordingly, the writ petition and the contempt petition
stand dismissed as withdrawn.

4.    In view of the dismissal of the writ petition and the contempt
petition, the interim application does not survive and is,
accordingly, disposed of.

                                               (AMIT BORKAR, J.)




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