Bombay High Court

DIPAK UTTAM HIWALEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court may grant leave to withdraw a writ petition and such withdrawal does not preclude the filing of an appeal under Section 6B of the Maharashtra Caste Certificate Act, 2000.

Summary

Petitioners Ganesh Uttam Hiwale, Dipak Uttam Hiwale and Dadarao Rambhau Hiwale filed writ petitions challenging actions of the State of Maharashtra. They sought leave to withdraw the petitions so that they could pursue an appeal under Section 6B of the Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The learned counsel for the petitioners requested the Court’s permission to withdraw, arguing that withdrawal would not prejudice their appellate rights. The Court examined whether a writ petition may be withdrawn at the petitioners’ request and whether such withdrawal would bar the filing of a subsequent appeal. It held that the Court has the discretion to grant leave to withdraw and that such withdrawal does not impede the filing of an appeal under the said provision. Accordingly, leave was granted, the writ petitions were disposed of as withdrawn, and the petitioners were free to file the appeal.

Issues considered

Whether the Court may grant leave to withdraw a writ petition at the petitioner's request.
Whether withdrawal of the writ petition bars the filing of an appeal under Section 6B of the Maharashtra Caste Certificate Act, 2000.

Legislation cited

Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 — s. 6B

Subjects

writ petition
withdrawal
appeal
Section 6B
Caste Certificate Act
High Court of Bombay
discretion

Judgment

                                     (1)                909-12&15-WP-11680-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  909 WRIT PETITION NO. 11680 OF 2026
                          Ganesh Uttam Hiwale
                                VERSUS
           The State Of Maharashtra Thr Its Secretary And Others
                                  AND
                 912 WRIT PETITION NO. 11684 OF 2026
                           Dipak Uttam Hiwale
                                VERSUS
           The State Of Maharashtra Thr Its Secretary And Others
                                  AND
                 915 WRIT PETITION NO. 11687 OF 2026

                        Dadarao Rambhau Hiwale
                                  VERSUS
          The State Of Maharashtra Thr Its Secretary And Others
                                     ...
Mr. S. D. Madake h/f Mr. Yogesh R. Suradkar, Advocate for the Petitioner.
Mr. R. S. Wani, Mr. N. S. Tekale, and Mr. S. B. Pulkundwar, AGP for
Respondent-State in respective WPs.

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

                                   DATE     : 03rd SEPTEMBER 2026.

PC :-

1.      Learned Advocate for the petitioner, on instructions from his client,

seeks leave to withdraw writ petition as the petitioner wants to exhaust

the appellate remedy under Section 6B of the Maharashtra Scheduled
                                            (2)             909-12&15-WP-11680-2026




Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic

Tribes, Other Backward Classes, and Special Backward Category,

(Regulation of Issuance and Verification of) Caste Certificate Act 2000.

2.           Leave granted as prayed for.

3.           Writ petition stands disposed off as withdrawn.

4.           This withdrawal shall not come in the way of filing this appeal.



     [JITENDRA JAIN, J.]                          [KISHORE C. SANT, J.]
D.A.ETHAPE

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