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Bombay High Court

NAMDEV DINKAR DAGADEversusTHE CHIEF OFFICER WAI MUNICIPAL COUNCIL

Disposal
Allowed To be withdrawn

Holding

The Court permitted the withdrawal of the writ petition and disposed of it as withdrawn.

Summary

Petitioner Namdev Dinkar Dagade filed a writ petition before the Bombay High Court seeking relief against the Chief Officer of Wai Municipal Council. The petitioner, through counsel, later applied for permission to withdraw the petition. The Court considered the request and, without examining the merits, allowed the withdrawal, disposing of the petition as withdrawn. The interim application filed by Dhananjay Tukaram Mozar was also dismissed as it did not survive the withdrawal. All rights and contentions of the parties were expressly kept open for future proceedings.

Issues considered

  • What is the appropriate procedure for a petitioner to withdraw a writ petition before the High Court?

Subjects

  • withdrawal of writ petition
  • procedural law
  • Civil Appellate Jurisdiction
  • High Court
  • interim application

Judgment

                                                           36-WP-1123-2026.doc


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

                      WRIT PETITION NO. 1123 OF 2026

Namdev Dinkar Dagade             ...Petitioner.
       Versus
The Chief Oicer,
Wai Municipal Council            ...Respondent.


                                WITH
               INTERIM APPLICATION (ST) NO. 3664 OF 2026
                                 IN
                    WRIT PETITION NO. 1123 OF 2026

Dhananjay Tukaram Mozar          ...Applicant.

In the Matter in Between :
Namdev Dinkar Dagade             ...Petitioner.
        Versus
The Chief Oicer,
Wai Municipal Council            ...Respondent.

                                 ——————
Mr. Tejas J Kapre for the Petitioner.
Mr. Sahil A. Shaikh, for the Intervenor/Applicant.
Mr. Sharad T. Bhosale with Mr. Amar P. Dhumal, Mr. Mohsin Khan, Mr. Viraj P.
Dhumal & Ms. Sujata B. Lohar, i/b. Mr. Dilip Bodake for the Respondent.
                                 ——————
                                   Coram :       Sharmila U. Deshmukh &
                                                 Neeraj P. Dhote, JJ.
                                   Date      : September 07, 2026.
P. C. :

1.        The learned counsel appearing for the Petitioner, on instructions,

seeks permission to withdraw the petition.



Gaikwad RD                          1 of 2
                                                                                36-WP-1123-2026.doc


                        2.      The petition is disposed of as withdrawn.

                        3.      It is clariied that we have not gone into the merits of the matter

                        and as such, all rights and contentions are expressly kept open.

                        4.      Interim application does not survive and stands disposed of.



                         [Neeraj P. Dhote, J.]                      [Sharmila U. Deshmukh, J.]


           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.07
           19:13:41
           +0530




                        Gaikwad RD                        2 of 2


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