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Bombay High Court

NANDKUMAR INFRASTRUCTURE LLPversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Allowed To be withdrawn

Holding

The High Court allowed the withdrawal of the writ petition with liberty to file a civil suit, without adjudicating the merits.

Summary

Nandkumar Infrastructure LLP filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra and others. The petitioner, through counsel, sought to withdraw the writ petition and requested liberty to institute a civil suit for appropriate reliefs. The Court considered the procedural request and, without examining the substantive merits of the case, permitted the withdrawal of the petition. It expressly clarified that no merits were decided and that all substantive contentions remain open for future litigation. Consequently, the petitioner may now pursue a civil suit on the same cause of action.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a civil suit for the same reliefs
  • Whether the High Court can allow such withdrawal without deciding the merits of the petition

Subjects

  • withdrawal of writ petition
  • civil suit
  • procedural law
  • high court
  • liberty to file suit

Judgment

                                                                                    42-11044-2025-CWP=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 11044 OF 2025

          Digitally
                       Nandkumar Infrastructure LLP                                 … Petitioner
          signed by
UDAY
          UDAY
          SHIVAJI
                                        Versus
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.03.04
                       The State of Maharashtra & Ors.                              … Respondents
          19:22:22
          +0530

                                                        ………….
                       Mr. Suryajeet P. Chavan for the Petitioner.
                       Mr. Tanaji Mhatugade for Respondent No.4.
                       Mr. V.M. Mali, AGP for the Respondent - State.
                                                        ………….

                                                           CORAM :      MADHAV J. JAMDAR &
                                                                        PRAVIN S. PATIL, JJ.

                                                           DATE      : 4th MARCH, 2026.
                       P. C. :

                       1.        Mr. Suryajeet Chavan, learned counsel appearing for the Petitioner,

                       on instructions of the Petitioner, seeks withdrawal of the Writ Petition

                       with liberty to file a Civil Suit for appropriate reliefs.

                       2.        Accordingly, the Writ Petition is allowed to be withdrawn with

                       liberty as sought.

                       3.        It is clarified that this Court has not considered the matter on

                       merits and all contentions on merits are expressly kept open.



                            [PRAVIN S. PATIL, J. ]                     [MADHAV J. JAMDAR, J.]




                       Uday S. Jagtap                       1 of 1


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