Bombay High Court

VASANT NAMDEO NIKAMversusSTATE OF MAHARASHTRA THR THE ADDL COLLECTOR , NASHIK DISTRICT AND ORS

Decided: 17 September 2026
Disposal: Disposed Off

Holding

The court held that the petitioner may withdraw the writ petition and is granted liberty to file an appeal or revision against the Recovery Certificate.

Summary

Petitioner Vasant Namdeo Nikam filed a writ petition challenging a Recovery Certificate dated 23 December 2019 issued by the State of Maharashtra. The petitioner, through counsel, sought leave of the court to withdraw the petition while reserving the right to file an appeal or revision against the certificate. The respondents opposed the withdrawal. The High Court, after considering the request, permitted the petitioner to withdraw the writ petition and granted liberty to file a separate appeal or revision. Consequently, the writ petition was withdrawn and the matter was disposed of by the court.

Issues considered

Whether a writ petition may be withdrawn by the petitioner with liberty to file a separate appeal or revision against the impugned order

Subjects

withdrawal of writ petition
civil procedure
appeal
revision
high court

Judgment

  2026:BHC-AS:38076
                         k                              1/1                          14 wp 12056.26 as.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.12056 OF 2026

                         Vasant Namdeo Nikam                                            ....Petitioner
                               V/S
                         State of Maharashtra & Ors.                                    ....Respondents
                                                          _________

                         Mr. Abhijit S. Lende i/b Mr. Sanjay Lende for the Petitioner.
                         Mr. K.N. Solune, Additional G.P. with Ms. S.D. Chipade, AGP for
                         Respondent Nos.1, 2, 4, 5 and 6/State.
                                                          __________


                                                   CORAM : SANDEEP V. MARNE, J.
                                                   DATE : 17 SEPTEMBER 2026.

                         P.C.:


                         1.       The learned counsel appearing for Petitioner, on instructions,
                         seeks leave of the Court to withdraw the Petition with liberty to file
                         Appeal/Revision against the Recovery Certificate dated 23 December
                         2019. Reserving the liberty so prayed for, Writ Petition is permitted to be
                         withdrawn and disposed of.


                                                                                (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 18/09/2026 11:19:19

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