Bombay High Court

SMT. SUJATA RAMESH KAKDEversusTHE STATE OF MAHARASHTRA THRU SECRETARY, DEPT. OF SCHOOL EDU. AND SPORTS AND ORS

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The petition may be withdrawn with liberty to file a fresh petition.

Summary

Smt. Sujata Ramesh Kakde filed a writ petition (No. 10151 of 2024) before the Bombay High Court challenging actions of the State of Maharashtra. The petitioner, through counsel, sought leave to withdraw the petition and requested liberty to file a fresh petition. The Court examined the request and, without addressing the merits of the original claims, permitted the withdrawal with the liberty sought. It expressly kept all contentions of the parties open for any future proceedings. The interim application filed alongside the petition was ordered to be disposed of as it would not survive the withdrawal. Consequently, the petition was withdrawn and the interim application dismissed.

Issues considered

Whether a writ petition may be withdrawn with liberty to file a fresh petition

Subjects

withdrawal of petition
writ petition
liberty to file fresh petition
interim application disposal

Judgment

         Digitally
         signed by
         PRAJAKTA
PRAJAKTA SAGAR
                                                                                           902-WP [email protected]
SAGAR    VARTAK
VARTAK   Date:
         2026.09.10
         20:19:12
         +0530



          Prajakta Vartak
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 10151 OF 2024
                                                      WITH
                                       INTERIM APPLICATION NO. 10719 OF 2024
                      Smt. Sujata Ramesh Kakde                                    ...Petitioner
                                   Vs.
                      The State of Maharashtra & Ors.                             ...Respondents
                                                            _________

                      Mr. Ghanashyam Jadhav i/b. Mr. Piyush Hushing for the Petitioner.
                      Ms. P. N. Diwan, AGP for State.
                                                      __________
                                                           CORAM:          G. S. KULKARNI &
                                                                           Dr. NEELA GOKHALE, JJ.
                                                           DATE:           10 SEPTEMBER 2026.
                      P.C.

                      1.     Learned counsel for the petitioner, on instructions, seeks leave to withdraw

                      this petition with liberty to the petitioner to file a fresh petition.


                      2.     Allowed to be withdrawn with liberty as prayed for.


                      3.     All contentions of the parties are expressly kept open.


                      4.     The interim application would not survive. It is accordingly disposed of.




                      (Dr. NEELA GOKHALE, J.)                                     (G. S. KULKARNI, J.)




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                                                       10 September 2026

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