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The writ petition was allowed to be withdrawn with liberty to file a civil suit, without adjudicating the merits.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 The Court considered the application for withdrawal and allowed the petition to be withdrawn, granting the requested liberty.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 Consequently, the petition stands withdrawn without any decision on the underlying issues.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- Whether a writ petition may be withdrawn with liberty to file a civil suit?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 Accordingly, the Writ Petition is allowed to be withdrawn with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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