Bombay High Court

VAISHNAVI RAJENDRA LOKHANDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court allowed the withdrawal of the writ petition and granted leave to file an appeal.

Summary

Petitioner Vaishnavi Rajendra Lokhande filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief. Subsequently, the petitioner moved a praecipe for withdrawal of the petition, which was heavily objected to by the respondent's Additional Government Pleader, who argued that the court had already called for records due to urgency. The court noted that an appellate remedy is available and that the order was passed after the cutoff date of 10.08.2026, i.e., after the establishment of the appellate tribunal. Consequently, the court accepted the withdrawal request and granted leave to file an appeal as per law. The court also directed that the authorities may raise any grounds and that the government may produce the original record before the appellate remedy if required.

Issues considered

Whether a writ petition can be withdrawn after the court has passed an order post the cutoff date.
Whether the petitioner is entitled to an appellate remedy despite the withdrawal of the writ petition.

Subjects

writ petition
withdrawal
appellate remedy
High Court
procedural law
urgency

Judgment

                                  1                    WP / 11536 / 2026


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                 901 WRIT PETITION NO. 11536 OF 2026

               VAISHNAVI RAJENDRA LOKHANDE
                          VERSUS
 THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER

                                    ...
               Advocate for petitiioner : Mr. S.M. Vibhute
            AGP for the respondent – State : Mr. P.K. Lakhotiya
                                    ...

             CORAM              : KISHORE C. SANT AND
                                  JITENDRA JAIN, JJ.

             DATE               : 10 SEPTEMBER 2026

PER COURT :

             Praecipe is moved for withdrawal of the writ petiton.


2.           Withdrawal is heavily objected by the learned AGP

Mr. Lakhotiya. He submits that on 02.09.2026, this Court was made to

pass an order by showing the urgency involved in the matter. This

Court, therefore, had also called record. Looking to the urgency

involved in the matter, when the record is called, hurriedly by specially

deputing the Officer to bring the record and it is at this stage, now a

request is made to withdraw the writ petition. Be it as it is.


3.           Now, appellate remedy is available. There is no dispute

the petitioner had attempted with a hope that this Court can take up the

matter and, therefore, now if the petitioner desires to avail appellate

remedy, it would not be appropriate to deny her such a remedy.
                                2                   WP / 11536 / 2026



4.          Considering above, since the order is passed after the cut-

off date i.e. after 10.08.2026 after the establishment of the appellate

tribunal, the request for withdrawal is accepted. Leave to file Appeal is

granted as per law.


5.          It is open for the authorities to raise all the grounds.

Needless to say that the Government can produce the original record

before the appellate remedy, if required.




       [ JITENDRA JAIN ]                    [ KISHORE C. SANT ]
            JUDGE                                 JUDGE

arp/

Continue reading with your account

Checking your session…