Bombay High Court

SHIVAJI SHEKSHAN PRASARAK MANDAL THR ITS PRESIDENT LAXMANRAO S JAGTAPversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court may allow a petitioner to withdraw a writ petition and file a fresh one when the original petition is defective.

Summary

The petitioner, Shivaji Shekshan Prasarak Mandal, filed a writ petition challenging a matter before the High Court of Bombay, Aurangabad Bench. The petition was found to contain procedural defects, prompting the petitioner to seek permission to withdraw the petition and file a fresh one. The respondent State of Maharashtra opposed the withdrawal. The Court examined whether it could allow the withdrawal and grant liberty to file a new petition. Considering the procedural nature of the defect and the petitioner’s request, the Court held that it has the inherent power to permit withdrawal of a writ petition. Accordingly, the Court granted permission to withdraw the petition and ordered it to be disposed of as withdrawn, with liberty to file a fresh petition.

Issues considered

Whether the High Court can permit the withdrawal of a writ petition and grant liberty to file a fresh petition in view of procedural defects

Subjects

writ petition
withdrawal
fresh petition
procedural defect
court permission

Judgment

2026:BHC-AUG:40830


                                                   1                         943.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 11675 OF 2026
                         SHIVAJI SHEKSHAN PRASARAK MANDAL
                       THR ITS PRESIDENT LAXMANRAO S JAGTAP
                                            VERSUS
                     THE STATE OF MAHARASHTRA THR ITS PRINCIPAL
                                 SECRETARY AND OTHERS
                                               ...
                        Advocate for Petitioner : Mr. Kolpe Mahendra B.
                      AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                                               …

                                         CORAM : MANJUSHA DESHPANDE, J.
                                         DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           Learned Advocate for the Petitioner seeks permission to

              withdraw the Writ Petition with liberty to file a fresh Writ Petition due to

              the defects in the Writ Petition.

              2.           Permission is granted. Writ Petition is disposed of as

              withdrawn with liberty as prayed for.




                                                   ( MANJUSHA DESHPANDE, J. )




              SPC

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