Bombay High Court
VIJAY AJAY MIRAJKAR AND ORSversusTHE CHIEF SECRETARY OF THE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court held that, in line with the principles laid down in Subramaniam & Anr. v. S. Janaki & Anr., leave may be granted to withdraw a writ petition while permitting the petitioner to pursue an alternate remedy.
Summary
The petitioner, Dattaram Anant Hadkar, filed a writ petition in the Bombay High Court seeking leave to withdraw the petition while retaining the liberty to pursue an alternate legal remedy. The petitioner’s counsel invoked the principles from the Supreme Court’s decision in Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728 to support the request. The Court examined whether such a withdrawal could be permitted without prejudice to the petitioner’s right to seek other remedies. Relying on the precedent, the Court granted the leave and liberty sought by the petitioner. Consequently, the writ petition was disposed of as withdrawn and the pending interim application was also dismissed as it did not survive the withdrawal.
Issues considered
- Whether the petitioner may be granted leave to withdraw the writ petition with liberty to avail an alternate remedy
- Whether the interim application pending in the petition survives after the petition is withdrawn
Subjects
- withdrawal of writ petition
- alternate remedy
- High Court of Bombay
- criminal appellate jurisdiction
- Subramaniam case precedent
Judgment
KSG 34-Wp(St)-16099-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 16099 OF 2024
WITH
INTERIM APPLICATION NO. 2213 OF 2026
Dattaram Anant Hadkar … Petitioner
V/s.
The Chief Secretary of the
State of Maharashtra & Ors … Respondents
_______________________________________
Mr. Ashok Kumar Dubey i/b SAVJ Law Solutions for Petitioner.
Ms. P.P. Shinde, A.P.P. for Respondent-State.
Mr. Santosh Mahamuni for the Intervener in IA/2213/2026.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 10th September 2026
P.C. :
1) In view of the principles of enunciated by the Hon’ble Supreme
Court in the case of Subramaniam & Anr Vs. S. Janaki & Anr., reported in
(2020) 16 SCC 728, learned Advocate for the Petitioner on instructions seeks
leave to withdraw Petition with liberty to avail alternate remedy as may be
permissible in law.
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.09.17
1.1) Leave and liberty granted.
15:29:31
+0530
2) Disposed of as withdrawn with aforesaid liberty.
3) In view of disposal of Petition, Interim Application No. 2213 of
2026 pending therein, does not survive and is accordingly disposed off.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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