Bombay High Court

HAVI JAIKISHAN JAINANI AND ANRversusTHE STATE OF MAHARASHTRA THR MINISTRY OF COOPERATIVE AFFAIRS AND ORS

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The writ petition was dismissed as withdrawn after the Court granted leave to withdraw.

Summary

Petitioners Havi Jaikishan Jainani and another filed a writ petition before the Bombay High Court against the State of Maharashtra and others. The petitioners' counsel sought leave to withdraw the petition while retaining the liberty to pursue other legal remedies. The Court granted the leave to withdraw and dismissed the writ petition as withdrawn. It directed the City Civil Court to hear a related notice of motion in the underlying suit expeditiously. The High Court expressly noted that it did not consider the merits of the petition.

Issues considered

Whether a writ petition may be withdrawn with liberty to pursue other remedies

Subjects

writ petition
withdrawal
civil procedure
leave of court
jurisdiction

Judgment

                                                                          34-WP-10474-2026.DOC

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 10474 OF 2026


                      Havi Jaikishan Jainani & Anr.                           ..Petitioners

                              Versus

                      The State of Maharashtra & Ors                      …Respondents


                      Mr. Manoj Prajapati a/w Mr. Ranjan Dwivedi, for the
                           Petitioners.

                      Mr. Y D Patil, AGP for Respondent No.1 – State.

                      Mr. Ashish Gatagat, Mr. Karan Bhadoria, Ms. Jaitali Mathuria
                           for Respondent No.4.

                      Mr. Aditya Shiralkar, a/w Mr. Vijay Poojari, Mr. Aditya Hegde
                           i/b Shiralkar & Co., for Respondent No. 6.

                      Mr. Digamber Kawale, for Respondent Nos.7 to 9 – BMC.

                                                  CORAM :       N. J. JAMADAR, J.
                                                  DATE     : 17th August 2026

                      P.C.:
SAINATH
SANJAY
BODKHE                1.      Heard the learned Counsel for the petitioner.
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.08.19
09:56:24 +0530
                      2.      Mr. Prajapati, the learned Counsel for the petitioners, on

                      instructions, seeks leave to withdraw the petition with liberty to

                      work out the remedies as available in law.

                      3.      Leave granted with liberty as prayed for.

                      4.      The Writ Petition stands dismissed as withdrawn.


                      SAINATH, PA                         1/2
                                                 34-WP-10474-2026.DOC

5.     The learned Judge, City Civil Court is requested to hear

and decide the Notice of Motion taken out in the suit instituted

by the petitioner and others, as expeditiously as possible.

6.     It is clarified that, this Court has not entered into the

merits of the matter.

                                        [N. J. JAMADAR, J.]




SAINATH, PA                       2/2

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