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Bombay High Court

RAGHUNATH RAMBHAU MOREversusBABITA MAHENDRA TAJANE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The High Court may grant leave to withdraw a writ petition and dismiss it as withdrawn, provided no prejudice is caused.

Summary

The petitioner, Raghunath R. More, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking leave to withdraw the petition while retaining the liberty to pursue any appropriate legal remedy. The petitioner’s counsel, Mr. Mahajan Sudhakar T., submitted the application for withdrawal. The sole issue before the court was whether it could grant permission to withdraw a pending writ petition. The court, exercising its inherent jurisdiction, considered the procedural propriety of allowing a petition to be withdrawn. It held that a petitioner may be permitted to withdraw a writ petition if no prejudice is caused to the respondents. Accordingly, the court granted leave to withdraw the petition. The writ petition was dismissed as withdrawn, with liberty as prayed for.

Issues considered

  • Whether the High Court can grant leave to withdraw a pending writ petition and dismiss it as withdrawn

Subjects

  • writ petition
  • withdrawal
  • court discretion
  • high court jurisdiction

Judgment

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

              902 WRIT PETITION NO. 11884 OF 2026

                RAGHUNATH RAMBHAU MORE
                         VERSUS
           BABITA MAHENDRA TAJANE AND ANOTHER

                                  ...
        Advocate for the Petitioner : Mr. Mahajan Sudhakar T.
                                  ...

                        CORAM : MANJUSHA A. DESHPANDE, J.
                        DATE : 08.09.2026

PER COURT :-


1.       Learned Advocate for the Petitioner, on instructions,

seeks leave to withdraw the Writ Petition with liberty to pursue

appropriate remedy available under the law.


2.       Leave is granted.


3.       Writ petition is dismissed as withdrawn with liberty as

prayed for.




                                (MANJUSHA A. DESHPANDE, J.)

                                 ...

vmk/-


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