Bombay High Court

PODAR EDUCATION TRUST THRU TRUSTEES I) PAVANKUMAR PODAR AND II) MANGAL PRASAD VISHWANATH DIXITversusTHEPRINCIPAL SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ANR

Decided: 17 September 2026
Disposal: Disposed Off

Holding

The court held that the petitioner may be permitted to withdraw the writ petition and file separate petitions for each school.

Summary

The Podar Education Trust filed a writ petition in the High Court of Bombay challenging actions of the Principal Secretary, School Education & Sports Department. The petitioner sought the court's permission to withdraw the existing petition and instead file separate petitions for each school it operates. The respondents opposed the withdrawal. The court considered whether it could exercise its discretion to allow the withdrawal of a petition at the petitioner's request. Applying its inherent powers, the court granted leave to withdraw the petition. Consequently, the writ petition was disposed of as withdrawn, with liberty to file separate petitions as prayed.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

                                                                              6 wp12172-26.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.12172 OF 2026


                      Podar Education 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.Priyanka Chavan, 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

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