Bombay High Court

DAYARAM LAXMAN MHATREversusSTATE OF MAHARASHTRA AND ORS

Decided: 8 September 2026
Disposal: Allowed To be withdrawn

Holding

The Court allowed the petition to be withdrawn, granting the petitioner liberty to avail the remedy as per the Supreme Court decision.

Summary

The petitioner, Dayaram Laxman Mhatre, filed a writ petition in the Bombay High Court challenging the actions of the State of Maharashtra and other respondents. The petitioner sought the Court’s permission to withdraw the petition while retaining the liberty to pursue the remedy outlined by the Supreme Court in M. Subramaniam & Anr. v. S. Janaki & Anr. (2020) 16 SCC 728. The learned counsel for the petitioner specifically requested leave to withdraw with that liberty. The Court examined the request and, relying on the Supreme Court precedent, granted the leave and liberty sought. Consequently, the petition was formally withdrawn with the granted liberty to avail the higher‑court remedy.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition while retaining the liberty to seek the remedy prescribed by the Supreme Court in M. Subramaniam & Anr. v. S. Janaki & Anr.

Subjects

withdrawal of petition
writ petition
liberty to avail remedy
Supreme Court precedent

Judgment

            ssm                                                       20-wp1162.2026.doc

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                    CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 1162 OF 2026

       Dayaram Laxman Mhatre                                          …..Petitioner

                Vs.

       State Of Maharashtra & Ors.                                    …..Respondents

                                   ____________________________________

       Mr. Shailesh Chavan a/w Adv. Yash K. Jagdale for the Petitioner.
       Shri. S. V. Gavand APP, for the Respondent-State.
       Mr. Pradip Patil for the Respondent Nos.2 to 4.
       Adv. Sarthak Diwan for the Respondent Nos.5 and 6.
                          ____________________________________

                                               CORAM :    A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                 DATE :   8th SEPTEMBER, 2026.


       P.C.:-

       1)                 Learned counsel for the Petitioner on instructions seeks leave

       to withdraw Petition with liberty to avail remedy as enunciated by the

       Hon’ble Supreme Court in the case of M. Subramaniam & Anr. Vs. S. Janaki

       & Anr., reported in (2020) 16 SCC 728 .

       1.1)               Leave and liberty granted.


       2)                 Disposed off as withdrawn with aforesaid liberty.



                  (KAMAL KHATA, J.)                            (A.S. GADKARI, J.)

                Digitally signed
          by SANJIV                                                                        1/1
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date: 2026.09.17
                10:43:44 +0530

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