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Bombay High Court

DR ROSHNI BALASAHEB JADHAVversusTHE STATE OF MAHARASHTRA THE THE SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petition falls within the territorial jurisdiction of the Aurangabad Bench and granted leave to withdraw the petition.

Summary

Dr. Roshni Balasaheb Jadhav filed Writ Petition No. 10121 of 2026 in the Bombay High Court challenging actions of the State of Maharashtra and a university. The petition raised a procedural question about whether the Aurangabad Bench had jurisdiction to entertain the case. The Registry was directed to verify the territorial jurisdiction and reported that the cause of action arose in the Judicial District of Jalna, placing it within the Aurangabad Bench's jurisdiction. Upon learning of this finding, the petitioner’s counsel sought leave to withdraw the petition and to file a fresh one. The Court granted the leave, allowing the petition to be withdrawn with liberty to re‑file, and disposed of the case as withdrawn.

Issues considered

  • Whether the Aurangabad Bench of the Bombay High Court has territorial jurisdiction to entertain the writ petition.

Subjects

  • jurisdiction
  • writ petition
  • withdrawal
  • High Court
  • civil appellate jurisdiction

Judgment

                                                          1                      26-wp-10121-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 10121 OF 2026

                    Dr. Roshni Balasaheb Jadhav                                 ...Petitioner
                             Vs.
                    The State of Maharashtra through the
                    Secretary and Others                                        ...Respondents

                                                     -----------------

                    Ms. Prerna Panpate, for the Petitioner.
                    Mr. P. P. Kakade, Addl. G.P. a/w. Smt. Vaishali S. Nimbalkar, AGP, for the
                    Respondent / State.
                    Mrs. M. P. Thakur, for Respondent No.4.
                                                     -----------------
        Digitally
        signed by
        MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.08.20
        12:58:07
        +0530


                                                    CORAM :          R. I. CHAGLA AND
                                                                     FIRDOSH P. POONIWALLA, JJ.

                                                    DATED        : 19th AUGUST, 2026

                    P.C.:-

                    1.             Having directed the Registry to verify whether the Aurangabad

                    Bench of this Court would have jurisdiction to entertain the Petition

                    considering the prayers sought against Respondent No.4 – University, the

                    Registry has filed a Report dated 17th August 2026 which states that the

                    principal and material cause of action appears to have arisen within the

                    Judicial District of Jalna and the Petition falls within the territorial

                    jurisdiction of the Aurangabad Bench.

                     Mamta Kale                                                                   1/2
                                       2                  26-wp-10121-2026.doc


2.            Upon the contents of this Report being revealed to the learned

Counsel for the Petitioner, she seeks leave to withdraw the present Petition

with liberty to file a fresh Writ Petition.

3.            Accordingly, leave is granted. Writ Petition No.10121 of 2026

is disposed of as withdrawn with liberty as prayed for.



     [FIRDOSH P. POONIWALLA, J.]                          [R.I. CHAGLA, J.]




 Mamta Kale                                                                2/2


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