Bombay High Court

ARUN KRISHNA GHARAT AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS

Decided: 22 May 2026
Disposal: Disposed Off
Bench: GAUTAM A ANKHAD SANDESH DADASAHEB PATIL

Holding

The court allowed the withdrawal of all petitioners except petitioner No.43, who may continue the writ petition as the sole petitioner.

Summary

Petitioners numbered 1‑42 and 44‑48 sought to withdraw their writ petition (Writ Petition No.13336 of 2024) because petitioner No.43 refused to issue a No Objection Certificate for appointing a new advocate on record, thereby hindering their ability to proceed. The petitioners requested the court’s permission to withdraw their part of the petition while allowing petitioner No.43 to continue as the sole petitioner. The court considered whether it could order a partial withdrawal of a collective writ petition and permit fresh proceedings. It held that the court may allow such a withdrawal and let the remaining petitioner proceed independently. Accordingly, the interim application was allowed, permitting the withdrawal of the 47 petitioners and authorising petitioner No.43 to continue the writ petition alone.

Issues considered

Whether the court can order the withdrawal of a group of petitioners from a writ petition while allowing one petitioner to continue the same petition.

Subjects

withdrawal of writ petition
no objection certificate
advocate on record
interim application
civil appellate jurisdiction
partial withdrawal

Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                INTERIM APPLICATION NO.3697 OF 2026
                                IN
                   WRIT PETITION NO.13336 OF 2024

Arun Krishna Gharat and Ors.                                    .. Petitioners
            Vs.
The State of Maharashtra and Ors.                               .. Respondents

Mr. Bhavesh Parmar i/b Devmani Shukla, Advocate for Petitioner nos. 1 to 42
and Petitioner Nos. 44 to 48.
Mr. Vishal Talsania a/w Ms. Suchitra Valjee, Ms. Neelakshi Pal i/b Manilal
Kher Ambalal & Co., Advocates for Respondent nos. 10 to 15.

                                CORAM : GAUTAM A. ANKHAD &
                                        SANDESH D. PATIL, JJ.

                                DATE       : 22nd MAY 2026
                                            [ VACATION COURT ]

P.C. :

1.       Mr. Bhavesh Parmar, learned counsel for the Petitioners submits

that due to non-cooperation of Petitioner no.43 in issuing No Objection

Certificate for appointing new Advocate on record, the remaining 47

Petitioners are unable to proceed with the matter. He, therefore, seeks

permission to withdraw this Petition qua the Petitioners, other than

Petitioner no.43, with liberty to file fresh Petition.

2.       In view thereof, Interim Application No.3697 of 2026 is allowed

in terms of prayer clause (a) which reads as under:-

             “(a) For an order of this Hon’ble Court allowing the
             Applicants being the Petitioners in Writ Petition
             No.13336 of 2024 to withdraw their Writ Petition with



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                                   liberty to initiate and pursue appropriate proceedings
                                   afresh in accordance with law and thereafter allow the
                                   Petitioner No.43 Mr. Narsu B. Patil to continue to pursue
                                   Writ Petition No.13336 of 2024 as the sole Petitioner.”



                      [ SANDESH D. PATIL, J.]                           [GAUTAM A. ANKHAD, J.]


BHARAT
DASHARATH
PANDIT

Digitally signed by
BHARAT
DASHARATH
PANDIT
Date: 2026.05.22
22:27:11 +0530




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