Bombay High Court

PODAR LITERACY AND EDUCATION TRUSTversusTHE PRINCIPAL SECRETARY, SCHOOL EDUCATION AND SPORTS DEPT. AND ANR

Decided: 17 September 2026
Disposal: Disposed Off

Holding

The court held that the petitioner may be allowed to withdraw the writ petition and file separate petitions.

Summary

The Podar Education & Sports Trust filed a writ petition in the High Court of Bombay seeking relief against the State. The petitioner later requested permission to withdraw the existing petition and instead file separate petitions for each school it operates. The court considered whether it could grant leave to withdraw the petition. Exercising its discretion, the court allowed the withdrawal, noting that the petitioner was free to pursue separate proceedings. Consequently, the writ petition was disposed of as withdrawn, with liberty to file the new petitions as prayed.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file separate petitions for each school

Subjects

withdrawal of petition
writ petition
civil appellate jurisdiction
separate petitions
court discretion

Judgment

                                                                              4 wp11950-26.doc



 TRUSHA                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 TUSHAR
 MOHITE                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2026.09.17
18:49:27 +0530                              WRIT PETITION NO.11950 OF 2026


                      Podar Education & Sports Trust                           .. Petitioner

                               Versus

                      The Principal Secretary,
                      School Education & Sports Department and Anr.            .. Respondents

                           Mr.Aditya Mehta a/w Ms.Keya Raval and Ms.Jahnavi Pandey i/b
                           M/s.Dhru & Co., Advocate for the Petitioner.

                           Mr.P.P.Kakade, Addl.G.P. a/w Ms.Vaishali S. Nimbalkar, A.G.P. for
                           the Respondent State.

                                    CORAM:      R. I. CHAGLA &
                                                FIRDOSH P. POONIWALLA, JJ.
                                    DATE:       SEPTEMBER 17, 2026

                      P. C.

                      1.            The learned counsel for the Petitioner has sought permission to

                      withdraw the present Petition and file separate Petitions in respect of each of

                      the Schools run by the Petitioner trust.



                      2.            Leave is granted.



                      3.            Writ Petition is disposed of as withdrawn with liberty as prayed.



                      [FIRDOSH P. POONIWALLA, J.]                  [R. I. CHAGLA, J.]


                      Mohite                                                                      1/1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Jahnavi Pandey