Bombay High Court

PRAKASH RAMCHANDRA NAIK AND ORSversusCOMPETENT AUTHORITY AND DISTRICT DEPUTY REGISTRAR CO OPERATIVE SOCIETIES PALGHAR AND ORS

Decided: 1 October 2026
Disposal: Disposed Off

Holding

The writ petition is permitted to be withdrawn and disposed, with liberty to pursue an alternate remedy and the time spent counted under Section 14 of the Limitation Act.

Summary

Petitioners Prakash Ramchandra Naik and others filed a writ petition seeking leave to withdraw the petition while retaining the right to pursue an alternate remedy. The Court, after hearing counsel, permitted the withdrawal and ordered the petition to be disposed. It directed that the period spent prosecuting the petition be counted under Section 14 of the Indian Limitation Act, 1963, for computing the limitation period of any subsequent remedy. All contentions raised in the petition were expressly kept open for future reference. The order effectively allows the petitioners to seek relief through another forum without prejudice to their earlier arguments.

Issues considered

Whether a writ petition may be withdrawn with liberty to pursue an alternate remedy
Whether the time spent prosecuting the petition should be counted under Section 14 of the Indian Limitation Act, 1963 for limitation purposes

Legislation cited

Limitation Act, 1963 — s. 14

Subjects

withdrawal of writ petition
alternate remedy
Section 14
Limitation Act
civil appellate jurisdiction

Judgment

                      Sonali Mane                                                  25-WP-10576-2025.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 10576 OF 2025


                      Prakash Ramchandra Naik And Ors.                             … Petitioners
                               Versus

                      Competent Authority And District Deputy

                      Registrar Co-operative Societies Palghar And Ors             … Respondents




                      Mr. Yash Dewal for Petitioners.

                      Mr. Jay Patel i/b Mr. Aneesh Deshpande for Respondent No.5.

                      Ms. Kavita Solunke, Addl. G.P. a/w Mr. S. L. Babar, AGP for Respondent-
                      State.




                                                        CORAM        : SANDEEP V. MARNE, J.

                                                        DATE         : 1 OCTOBER 2026.

                      P.C. :



                      1)            The   learned   counsel   appearing     for   Petitioners,      on
                      instructions, seeks leave of this Court to withdraw the Petition with
                      liberty to pursue an alternate remedy.



                      2)            The Writ Petition is permitted to be withdrawn and
                      disposed of.
   MANE
   SONALI
   DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.10.06
11:02:29 +0530




                                                     ___Page No.1 of 2___
                                                        1 October, 2026
Sonali Mane                                                    25-WP-10576-2025.docx



3)            The time spent in prosecuting the Petition shall be considered
under Section 14 of the Indian Limitation Act, 1963, while computing
the period of limitation for pursuing the alternate remedy.



4)            All contentions raised in the Petition are expressly kept open.




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                   1 October, 2026

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