Bombay High Court

CHHAYA SUNIL NIGADE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 11 August 2026
Disposal: Dismissed

Holding

The writ petition is dismissed as withdrawn.

Summary

Petitioners sought leave to withdraw their writ petition while reserving the right to challenge the impugned order before the appellate/revisional authority. The Court dismissed the writ petition as withdrawn. The order directs that any future application for withdrawal be decided by the concerned authority expeditiously. All contentions of the parties remain open for consideration in any subsequent proceedings. No substantive merits of the original petition were addressed.

Issues considered

Whether a writ petition can be withdrawn with liberty to challenge the same order before the appellate/revisional authority

Subjects

withdrawal of writ petition
civil appellate jurisdiction
high court procedure

Judgment

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.10157 OF 2026


                      Mrs. Chhaya Sunil Nigade & Anr.           .... Petitioners
BHALCHANDRA
GOPAL DUSANE                  Vs.
Digitally signed by
                      The State of Maharashtra & Ors.           .... Respondents
BHALCHANDRA
GOPAL DUSANE
Date: 2026.08.12
11:24:44 +0530

                      Mr. Sudhir Sadavare a/w Mr. Pritam Nigade for Petitioners.
                      Mrs. Mamta S. Srivastava, AGP for Respondent-State.


                                                         CORAM : ARUN R. PEDNEKER, J.
                                                         DATE   : 11th August 2026

                      P.C. :


                      1.       Learned Counsel appearing for the Petitioner seeks leave to withdraw

                      the present Writ Petition, with liberty to challenge the impugned order

                      before the Appellate/Revisional Authority.

                      2.       The Writ Petition is dismissed as withdrawn.

                      3.       In the event such an application is filed, the concerned Authority shall

                      consider and decide the same in accordance with law, as expeditiously as

                      possible.

                      4.       All contentions of the parties are left open.



                                                                           [ ARUN R. PEDNEKER, J. ]
                                                              1/1
                      31 WP 10157.2026.doc                                                    Dusane

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