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The court held that a writ petition can be withdrawn by the petitioner after the court grants leave to do so.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 The court considered the procedural rule that a petition may be withdrawn with the court’s leave.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 Consequently, the writ petition was disposed of as withdrawn, and any pending civil applications were also dismissed.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- Whether a writ petition may be withdrawn by the petitioner upon obtaining the court’s permission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 The Writ Petition stands disposed of as withdrawn, with liberty to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/
Checking your session…