Bombay High Court

NAGO KALU BHOIR THROU. POA DNYANESHWAR N SALUNKEversusSUB DIVISIONAL OFFICER ULHASNAGAR SUB DIVISION ULHASNAGAR AND ORS

Decided: 17 September 2026
Disposal: Dismissed as Withdrawn

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a revision petition and the time spent on the writ proceedings excluded from the limitation period.

Summary

Petitioner Nago Kalu Bhoir filed a writ petition challenging an order. The Attorney General of the State argued that the petitioner had an alternate remedy by filing a revision petition before the Hon'ble Minister. The petitioner sought leave to withdraw the writ petition and pursue the revision, requesting that the time spent on the writ proceedings be excluded from the limitation period for the revision. The Court considered the availability of the alternate remedy and the procedural propriety of withdrawing the petition. It granted the petitioner's request, allowing withdrawal and liberty to file the revision petition, and ordered that the time spent on the writ petition not count towards the limitation period. The writ petition was consequently disposed of as withdrawn.

Issues considered

Whether the petitioner may withdraw the writ petition and pursue a revision petition before the Minister.
Whether the period spent on the writ proceedings should be excluded from the limitation period for filing the revision petition.

Subjects

withdrawal of writ petition
revision petition
limitation period
alternate remedy
civil procedure

Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO.12075 OF 2026


Nago Kalu Bhoir                  ....    Petitioner

           Vs.

Sub-Divisional Officer & Ors. ....       Respondents


Mr. Suyas Gadre, Advocate for Petitioner.
Y.D. Patil, AGP for State.

                                CORAM : ARUN R. PEDNEKER, J.
                                DATE   : 17th September 2026

P.C. :


1.       Learned AGP submits that an alternate remedy is available to the

Petitioner to challenge the impugned order before the Hon’ble Minister by

filing a Revision Petition.

2.       In view of the submission made by the learned AGP, learned Counsel

for the Petitioner seeks leave to withdraw the present Petition, with liberty to

challenge the impugned order before the Hon’ble Minister.

3.       Learned AGP fairly submitted that the Appeal would not be heard for

a period of three weeks.



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9 WP 12075.2026.doc                                                    Dusane
4.     The time spent in pursuing the present proceedings be excluded while

computing the period of limitation for filing the Revision Petition before the

Minister.

5.     The Writ Petition is disposed of as withdrawn with liberty as prayed.



                                                [ ARUN R. PEDNEKER, J. ]




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9 WP 12075.2026.doc                                                  Dusane

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Suyas Gadre