Bombay High Court

Deepak Kumar GuptaversusUnion of India

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The interim application is disposed of as withdrawn, and the Court will consider the admissibility of any fresh writ petition with identical prayers to the earlier disposed petition.

Summary

The applicant, Deepak Kumar Gupta, filed an interim application seeking to withdraw that application and instead file a proper writ petition challenging the Union of India and others. The learned counsel argued that the applicant no longer wished to pursue the interim relief and desired to start fresh proceedings. The Court considered the procedural propriety of withdrawing an interim application and noted the earlier disposal of Writ Petition No. 9649 of 2012 on 8 December 2023. It ordered the interim application to be disposed of as withdrawn. The Court further indicated that if a fresh writ petition is filed with prayers identical to those in the earlier disposed petition, it will decide whether to entertain it.

Issues considered

Whether an interim application can be withdrawn at the applicant's request.
Whether a fresh writ petition containing the same prayers as a previously disposed petition should be entertained.

Subjects

interim application
withdrawal
writ petition
procedural law
jurisdiction

Judgment

                                                                                            (33)-IA-13112-25.odt

      PANCHAL

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


BALAJI
          signed by
          BALAJI
          GOVINDRAO
                                      INTERIM APPLICATION NO. 13112 OF 2025
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.09.01
          11:04:15
                                                       IN
          +0530
                                          WRIT PETITION NO. 9649 OF 2012

                       Deepak Kumar Gupta                                  ...Applicant

                       IN THE MATTER BETWEEN

                       Union of India & Ors.                               ...Petitioners
                            Versus
                       Income Tax Gazetted Officer’s
                       Association & Anr.                                  ...Respondents
                                                              ...
                       Mr. Nikhil Narang i/by Mr. Swapan Samdhani, for the Applicant.
                       Mr. P. P. Kakade, Addl. GP a/w Mrs. G. R. Raghuwanshi, AGP for the
                       Respondent - State.
                                                          ...

                                                 CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                         GAUTAM A. ANKHAD, J.

                                                   DATE : 31st AUGUST, 2026.


                       P.C.:
                       1.           In the backdrop of the order dated 6 th April, 2026, the learned

                       Advocate for the Applicant submits that the Applicant desires to withdraw

                       this Interim Application and file a proper Writ Petition.




                       2.           In view of the above, the Interim Application is disposed off as

                       withdrawn, on instructions.




                                                              1
                                                                 (33)-IA-13112-25.odt




3.          If the Applicant files a fresh Writ Petition and if the prayers in

the new Petition are similar to the prayers in Writ Petition No. 9649 of 2012,

which was disposed off by a judgment dated 8 th December, 2023, we would

consider whether such a Petition should be entertained or not.




 [GAUTAM A. ANKHAD, J.]                        [ACTING CHIEF JUSTICE]




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