Bombay High Court

SANTOSH DAGDU MHASEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The Court allowed the withdrawal of the writ petition, disposed of it, and continued the interim order for four weeks.

Summary

Santosh Dagdu Mhase filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief. The petitioner later discovered an alternative remedy before an appellate authority and applied to withdraw the petition, requesting that the interim order already granted be continued for four weeks. The Court considered the petitioner's bona fide prosecution and the availability of the alternative remedy. It granted liberty to withdraw the writ petition and ordered the petition to be disposed of. The interim order was directed to remain in force for an additional four weeks.

Issues considered

Whether a petitioner may withdraw a writ petition when an alternative remedy is available
Whether the interim order can be continued after withdrawal of the petition

Subjects

withdrawal of writ petition
alternative remedy
interim order
condonation of delay
High Court

Judgment

2026:BHC-AUG:27738


                          IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     BENCH AT AURANGABAD

                             901 WRIT PETITION NO. 11057 OF 2014

                                      Santosh Dagdu Mhase
                                              VERSUS
                              The State Of Maharashtra And Others
                                                 ...
                Advocate for the Petitioner : Ms. Avantika S. Kharade h/f Mr. Karpe
                                              Rahul R.
                          AGP for Respondents-State: Mr. V. M. Jaware
                                                 ...
                               CORAM          : SACHIN S. DESHMUKH, J.
                                 Dated        : July 10, 2026

           PER COURT :-

           1.       When confronted with the availability of the alternative remedy,

           the learned Counsel for the petitioner seeks leave to withdraw the Writ

           Petition so as to approach the Appellate Authority. He further requests

           that the interim order granted by this Court be continued for a period

           of four weeks from today.

           2.       The concerned authority shall take into consideration the fact

           that the petitioner was bona fide prosecuting the present petition

           before this Court while considering the application for condonation of

           delay.

           3.       With the aforesaid liberty, the Writ Petition stands disposed of.

           4.       The interim order granted by this Court shall continue for a

           period of four weeks from today.



                                                             (SACHIN S. DESHMUKH, J.)

           vj gawade/-.


                                               Page 1 of 1

Continue reading with your account

Checking your session…