Bombay High Court

TRUPTI TUKARAM PADEKARversusTHE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court held that the petition may be withdrawn and the petitioner is at liberty to file a fresh petition on the same cause.

Summary

The petitioner, Trupti Tukaram Padekar, filed a writ petition challenging recruitment notifications of 2022 and 2023 for JMFC/CJJD positions. During proceedings, the petitioner’s counsel indicated that the extensive litigation history required substantial amendment of the petition. Consequently, the petitioner expressed a desire to withdraw the current petition and file a fresh one addressing the relevant grounds and citing prior orders of this Court and the Supreme Court. The learned counsel for the State of Maharashtra opposed the withdrawal but did not contest the procedural propriety. The High Court, after considering the petitioner's request, allowed the withdrawal and ordered the petition to be disposed of, granting liberty to file a fresh petition in the same cause. The order was pronounced by Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhd.

Issues considered

Whether a writ petition may be withdrawn by the petitioner at the stage of proceedings
Whether the petitioner should be granted liberty to file a fresh petition on the same cause

Subjects

withdrawal of petition
civil procedure
high court
writ petition
recruitment notification

Judgment

                                                                                      904-WP.1029.2026.odt

    JVS.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
JAYANT
VISHWANATH
SALUNKE                                   WRIT PETITION NO. 1029 OF 2026
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.02
11:39:07 +0530
                      Trupti Tukaram Padekar                }      Petitioner
                            Versus
                      The State of Maharashtra & Ors.       }      Respondents


                      Mr. Pradyumna Agrawal, for the Petitioner.

                      Ms. Neha S. Bhide, Government Pleader with Mr. B. V.
                      Samant, Additional Government Pleader and Ms. G. R.
                      Raghuwanshi, AGP, for Respondents-State.


                                   CORAM : RAVINDRA V. GHUGE, ACJ. &
                                           GAUTAM A. ANKHAD, J.

                                  DATE      : 1st SEPTEMBER, 2026

                      P.C.:
                      1.          The learned Advocate for the Petitioner submits that considering

                      the history of litigation in the matters pertaining to the 2022 JMFC/CJJD

                      recruitment Notification and 2023 JMFC/CJJD recruitment Notification, the

                      Petitioner would be required to substantially amend the Petition. The

                      Petitioner, therefore, feels that it would be appropriate for her to withdraw

                      this Petition and prefer a fresh Petition by taking up the relevant grounds and

                      also by adverting to various orders that have been passed by this Court as

                      well as by Hon’ble Supreme Court.




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                                                                904-WP.1029.2026.odt


2.            In view of the above, this Petition is disposed off as withdrawn,

on instructions, with liberty to the Petitioner to file a fresh Petition in the

same cause.




     [GAUTAM A. ANKHAD, J.]                   [ACTING CHIEF JUSTICE]




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