Bombay High Court

THE CANTONMENT BOARD DEOLALI THROUGH ITS CHIEF EXECUTIVE OFFICERversusNASHIK MUNICIPAL CORPORATION THROUGH COMMISSIONER

Decided: 21 August 2026
Disposal: Disposed Off

Holding

A writ petition may be withdrawn at the petitioner's request and the Court may dispose of it as withdrawn.

Summary

The Cantonment Board Deolali & Anr. filed a writ petition (WP No. 11319 of 2024) against the Nashik Municipal Corporation and others. The petitioners, through their counsel Mr. Prashant Trivedi (by Ms. Neeta V. Masurkar), filed a praecipe on 20 August 2026 seeking to withdraw the petition. The Court marked the praecipe for identification and considered whether it could entertain the withdrawal. Relying on procedural law, the Court held that a petition may be withdrawn at the petitioner's request. Consequently, the writ petition was disposed of as withdrawn, with a reminder that the petitioners may approach the Court again if a fresh cause of action arises.

Issues considered

Can a writ petition be withdrawn after filing and, if so, may the Court dispose of it as withdrawn?

Subjects

writ petition
withdrawal
procedural law
civil appellate jurisdiction
petition disposal

Judgment

                                                                                        (903)-WP-11319-24.odt

      PANCHAL

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

           Digitally
           signed by
           JAYANT
                                            WRIT PETITION NO. 11319 OF 2024
JAYANT     VISHWANATH
VISHWANATH SALUNKE
SALUNKE    Date:
           2026.08.24
           11:45:09
           +0530
                        The Cantonment Board Deolali & Anr.                        ...Petitioners
                             Versus
                        Nashik Municipal Corporation & Ors.                        ...Respondents
                                                               ...
                        Mr. Prashant Trivedi i/by Neeta V. Masurkar, for the Petitioners.
                        Mr. Rupesh Lanjekar, for Respondent No.1.
                        Mr. R. D. Soni a/w Mr. V. R. Kasle i/by Ram & Co., for Respondent No.3.
                        Mr. S. P. Kamble, AGP for the Respondent - State.
                                                               ...

                                                  CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                          GAUTAM A. ANKHAD, J.

                                                    DATE : 21st AUGUST, 2026.


                        P.C.:
                        1.            The learned Advocate for the Petitioners has tendered a praecipe

                        dated 20th August, 2026 on instructions from the Petitioners to withdraw this

                        Petition.




                        2.            The said praecipe is marked as ‘X’ for identification.




                        3.            In view of the above, this Petition is disposed off as withdrawn,

                        on instructions.




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                                                              (903)-WP-11319-24.odt


4.          Needless to state that if any fresh cause of action arises and the

Petitioners are aggrieved, the Petitioners would be at liberty to avail of a

remedy as is permissible in law.




[GAUTAM A. ANKHAD, J.]                         [ACTING CHIEF JUSTICE]




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