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Bombay High Court

KASHILING MAJUR SAHAKARI SANSTHA LTD THR. ITS AUTHORIZED SIGNATORYversusTHE STATE OF MAHARASHTRA THR. DEPARTMENT OF RURAL DEVELOPMENT AND WATER CONSERVATION AND ORS.

Disposal
Disposed Off

Holding

The Court held that the writ petition may be withdrawn with liberty to institute a civil suit.

Summary

Kashiling Majur Sahakari Sanstha Ltd. filed Writ Petition No. 1218 of 2026 before the Bombay High Court, Circuit Bench at Kolhapur, challenging actions of the State of Maharashtra and others. The petitioner, through counsel Mr. Suryajeet P. Chavan, sought to withdraw the writ petition while retaining the right to institute a civil suit for appropriate reliefs. The respondents, represented by Mr. S. B. Kalel, AGP, opposed the withdrawal. The Court examined whether a writ petition could be withdrawn with liberty to pursue a civil suit. Finding no impediment, the Court allowed the withdrawal as prayed for and expressly kept all contentions open for future litigation. Consequently, the petition was withdrawn, and the petitioner was free to file a civil suit.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a civil suit for the same reliefs

Subjects

  • withdrawal of writ petition
  • civil suit
  • liberty to file
  • high court procedure

Judgment

                                                                                     929-1218-2026-CWP=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 1218 OF 2026

          Digitally    Kashiling Majur Sahakari Sanstha Ltd.                        … Petitioner
          signed by
          UDAY
UDAY      SHIVAJI                        Versus
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.03.18   The State of Maharashtra & Ors.                              … Respondents
          19:22:36
          +0530


                                                        ………….
                       Mr. Suryajeet P. Chavan a/w Mahadji Phalke for the Petitioner.
                       Mr. S. B. Kalel, AGP for the Respondent – State.
                                                        ………….

                                                             CORAM :      MADHAV J. JAMDAR &
                                                                          PRAVIN S. PATIL, JJ.
                                                             DATE      : 18th MARCH, 2026.
                       P. C. :

                       1.        Mr. Chavan, learned Counsel appearing for the petitioner seeks

                       withdrawal of the Writ Petition with liberty to file a Civil Suit seeking

                       appropriate reliefs.

                       2.        Accordingly, the Writ Petition is allowed to be withdrawn with

                       liberty as prayed for.

                       3.        It is clarified that all contentions are expressly kept open.



                            [PRAVIN S. PATIL, J. ]                      [MADHAV J. JAMDAR, J.]




                       Uday S. Jagtap                         1 of 1


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