Bombay High Court

JAGRUTIBEN SATISHCHANDRA DESAIversusTHE SATE OF MAHARASHTRA THR THE ADDITIONAL DISTRICT COLLECTOR NANDURBAR AND ORS

Disposal: DISPOSED OFF

Holding

The Court may permit a petitioner to withdraw a writ petition, and upon such permission the petition is dismissed as withdrawn.

Summary

The petitioner, Jagrutiben Satishchandra Desai, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and the Additional District Collector, Nandurbar. Subsequently, the petitioner applied to the Court for permission to withdraw the writ petition in order to pursue an alternate remedy available under law. The Court considered whether it has the jurisdiction to allow a petition to be withdrawn after filing. Relying on its inherent powers and the principle that a petitioner may withdraw a petition where no prejudice is caused to the respondents, the Court granted the request. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition after filing

Subjects

withdrawal of writ petition
inherent jurisdiction
civil procedure
high court
petition dismissed

Judgment

2026:BHC-AUG:41956


                                                1                       906.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 12049 OF 2026
                         JAGRUTIBEN SATISHCHANDRA DESAI
                                           VERSUS
              THE SATE OF MAHARASHTRA THR THE ADDITIONAL DISTRICT
                          COLLECTOR NANDURBAR AND ORS
                                               ...
                     Advocate for Petitioner : Mr. Jain Gajendra Devichand
                       AGP for Respondent/s – State : Ms. Deepali Jape
                                               …

                                      CORAM : MANJUSHA DESHPANDE, J.
                                      DATE : 09th SEPTEMBER, 2026


              PER COURT :

              1.           The Petitioner, on instructions, seeks permission to

              withdraw the Writ Petition to pursue the alternate remedy as available

              under the law.

              2.           Permission is granted. Writ Petition is dismissed as

              withdrawn.




                                                ( MANJUSHA DESHPANDE, J. )




              SPC

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