Bombay High Court

SWAPNA PANDIT THAKURversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Decided: 6 August 2026
Disposal: Disposed Off
Bench: G S KULKARNI AARTI A SATHE

Holding

The Court allowed the petition to be withdrawn with liberty to file a fresh petition before the Aurangabad Division Bench.

Summary

The petitioner, Swapna Pandit Thakur, filed a writ petition in the Bombay High Court seeking relief. Counsel for the petitioner argued that the matter should be heard before the Division Bench at Aurangabad and therefore requested permission to withdraw the petition with liberty to file a fresh petition there. The respondents opposed the withdrawal but did not contest the procedural request. The Court examined whether a petition could be withdrawn and a fresh one filed before another bench, and found no impediment to allowing such a procedural step. Accordingly, the Court permitted the withdrawal, granted liberty to file a fresh petition before the Aurangabad Division Bench, ordered the petition dismissed without costs, and expressly kept all rights and contentions of the parties open.

Issues considered

Whether a writ petition filed in the High Court can be withdrawn with liberty to file a fresh petition before another bench
Whether the Court may order the petition withdrawn without awarding costs

Subjects

withdrawal of petition
writ petition
high court procedure
jurisdiction
costs

Judgment

                                     1 of 1                       404 - WP-10143-2026.DOC



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                  WRIT PETITION NO. 10143 OF 2026

Swapna Pandit Thakur                                                               Petitioner
       versus
State Of Maharashtra Thr Its
Secretary and Ors                                                              Respondents

                                   _______
Mr. R. K. Mendadkar, Advocate for Petitioner.
Ms. Khushi Dhamdhere i/by Ms. Anamika Malhotra, Advocates for Respondent No. 3.
Ms. Priyanka B. Chavan, AGP for State.
                                      _______

                            CORAM:        G. S. KULKARNI &
                                          AARTI SATHE, JJ.

                            DATE:         06th August, 2026

P.C.

1.         Learned counsel for the Petitioner submitted that this Petition would be

required to be filed before the Division Bench at Aurangabad, hence seeks leave to

withdraw this Petition with liberty to file a fresh Petition before the Aurangabad Bench.

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

3.         Disposed of as withdrawn. No costs.

4.         All rights and contentions of the parties are expressly kept open.



           (AARTI SATHE, J.)                     (G.S.KULKARNI, J.)




Bharati

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