Created by Fuzzy Cloud

Bombay High Court

BHAUSAHEB BABURAO WAGHversusTHE STATE OF MAHARASHTRA THR THE CHIEF SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that a writ petition can be withdrawn by the petitioner after the court grants leave to do so.

Summary

The petitioner, Bhausaheb Baburao Wagh, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an action of the State of Maharashtra. During the hearing, the petitioner’s counsel sought the court’s permission to withdraw the petition, citing the availability of an alternate remedy. The court considered the procedural rule that a petition may be withdrawn with the court’s leave. It granted leave to withdraw, emphasizing that the petitioner remains free to pursue the alternate remedy. Consequently, the writ petition was disposed of as withdrawn, and any pending civil applications were also dismissed.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioner upon obtaining the court’s permission

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • court permission

Judgment

2026:BHC-AUG:37058
                                                  1                         901 WP 10418-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                901 WRIT PETITION NO. 10418 OF 2026

                                 BHAUSAHEB BABURAO WAGH
                                         VERSUS
                  THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY
                                       AND OTHERS

                                                …
             Mr. M.R. Andhale – Advocate for Petitioner
             Mr. K.B. Patil-Bharaswadkar – AGP for Respondent No.1/State
                                                …

                                      CORAM           : MANJUSHA DESHPANDE, J.
                                      DATE            : 18.08.2026

             PER COURT :
             1.       In view of the alternate remedy available to the petitioner, learned

             Counsel for the petitioner, on instructions, seeks permission to withdraw

             the present petition.


             2.       Leave is granted.


             3.       The Writ Petition stands disposed of as withdrawn, with liberty to

             the petitioner to avail the alternate remedy available in law.


             4.       Pending Civil Applications, if any, also stand disposed of.




                                                          [ MANJUSHA DESHPANDE, J. ]


             Pooja Kale/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.