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Bombay High Court

NANDKUMAR INFRASTRUCTURE LLPversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
Disposed Off

Holding

The writ petition was allowed to be withdrawn with liberty to file a civil suit, without adjudicating the merits.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. 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 The Court considered the application for withdrawal and allowed the petition to be withdrawn, granting the requested liberty. It expressly noted that the merits of the petition were not examined and all substantive contentions remain open for future litigation. Consequently, the petition stands withdrawn without any decision on the underlying issues.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a civil suit?

Subjects

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

Judgment

                                                                                    43-11049-2025-CWP=.doc



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

                                            WRIT PETITION NO. 11049 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 a/w Ajinkya Walekar for the Petitioner.
                       Mr. S.B. Kalel, 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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