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Bombay High Court

PANJABRAO NATHUJI GAWANDEversusTHE STATE OF MAHARASHTRA THROUGH ITS MINISTER OF STATE EXCISE AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court may allow the withdrawal of a writ petition and grant liberty to re‑file before the appropriate bench.

Summary

Petitioner Panjabrao Nathuji Gawande filed a writ petition challenging an order passed by the Superintendent of State Excise, Ratnagiri. The petitioner, through counsel, sought permission to withdraw the petition and re‑file it before the appropriate bench of the High Court. The respondent State of Maharashtra, represented by its counsel, did not oppose the withdrawal. The learned judge considered the request and found no impediment to allowing the withdrawal. Consequently, the court disposed of the writ petition, granting the petitioner liberty to file a fresh petition before the suitable bench.

Issues considered

  • Whether the High Court may permit a petitioner to withdraw a writ petition and re‑file it before another bench

Subjects

  • withdrawal of writ petition
  • jurisdiction
  • high court
  • state excise

Judgment

2026:BHC-AUG:2033

                                                  1


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               1036 WRIT PETITION NO. 11165 OF 2023

                                 PANJABRAO NATHUJI GAWANDE
                                            VERSUS
                             THE STATE OF MAHARASHTRA THROUGH
                           ITS MINISTER OF STATE EXCISE AND OTHERS

                                                    ...
                             Advocate for petitioner : Mr. Vishal A. Bagadiya
                            AGP for the respondent – State : Mr. A.D. Wange
                                                    ...

                           CORAM               : SIDDHESHWAR S. THOMBRE, J.

                           DATE                : 17 JANUARY 2026

              PER COURT :


                           Learned counsel for the petitioner, on instructions, seeks
              permission to withdraw the writ petition with liberty to file petition before
              the appropriate Bench since the impugned order was issued by the
              Superintendent of State Excise, Ratnagiri.

              2.           Writ petition is disposed of with the liberty, as prayed for.




                                              [ SIDDHESHWAR S. THOMBRE ]
                                                        JUDGE

              arp/


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