Created by Fuzzy Cloud

Bombay High Court

BAPU SURAJMAL BHAVSAR AND ANOTHERversusTHE COMMISSIONER OF STATE EXCISE AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court may, at its discretion, grant permission to withdraw a writ petition and dispose of it as withdrawn.

Summary

Petitioners Bapu Surajmal Bhavsar and another filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the Commissioner of State Excise. The petitioners later approached the Court seeking permission to withdraw the writ petition. The Court considered whether it could, at its discretion, allow the withdrawal of a pending writ petition. It held that the Court has the inherent power to grant such permission when no substantive prejudice is caused. Accordingly, permission was granted and the writ petition was disposed of as withdrawn.

Issues considered

  • Whether the Court may grant permission to withdraw a writ petition

Subjects

  • writ petition
  • withdrawal
  • court discretion
  • excise

Judgment

2026:BHC-AUG:36786-DB


                                                                       wp1151-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.1151 OF 2026

                 Bapu Surajmal Bhavsar and Another                    PETITIONERS

                        VERSUS

                 The Commissioner of State Excise and Others         RESPONDENTS

                                                 .......
                 Mr. Ujwal Patil, Advocate for the Petitioners
                 Mr. A. B. Girase, Government Pleader for Respondent - State
                                                 ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 11th AUGUST, 2026

                 ORDER :

                 1.     Learned Advocate for the Petitioners, on instructions, seeks

                 permission to withdraw the Writ Petition.


                 2.     Permission is granted.


                 3.     Writ Petition is disposed of as withdrawn.



                 [ ABASAHEB D. SHINDE ]                  [ NITIN B. SURYAWANSHI ]
                          JUDGE                                     JUDGE

                 drp/wp1151-26.doc


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.