Bombay High Court

DINKAR LUKHA THACKERAYversusTHE TAHSILDAR, BHIWANDI AND ORS

Decided: 29 September 2026
Disposal: Allowed To be withdrawn

Holding

The petition was withdrawn with liberty to file a properly worded petition on the same cause of action.

Summary

Mr. Dinkar Lukha Thackeray filed a writ petition before the Bombay High Court challenging actions of the Tahsildar, Bhiwandi and others. The petition was found to be non‑compliant with the prescribed norms of drafting and presentation. The petitioner’s counsel sought permission to withdraw the defective petition and to file a properly worded petition on the same cause of action. The Court granted leave to withdraw and expressly allowed the petitioner liberty to re‑file a correct petition. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether a writ petition that does not conform to prescribed drafting norms may be withdrawn and the petitioner be granted liberty to re‑file a corrected petition.

Subjects

writ petition
procedural defect
withdrawal
re‑filing
civil appellate jurisdiction
Bombay High Court

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.05
10:21:25 +0530



                             TSB                                              44-wp-12291-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 12291 OF 2026
                      Mr. Dinkar Lukha Thackeray                           … Petitioner
                               V/s.
                      The Tahsildar, Bhiwandi & Ors.                       … Respondents



                      Ms. Saroj N. Pagare for the Petitioner.

                      Dr. Dhruti M. Kapadia, AGP, for the Respondent -State.



                                                        CORAM :   A. S. GADKARI AND
                                                                  KAMAL KHATA, JJ.
                                                           DATE : 29th September, 2026

                      P.C.:-

                      1)              In our view, the present Petition as drafted and presented

                      before this Court, does not conform to the prescribed norms of drafting and

                      presentation of a Petition. Faced with this difficulty, the learned Advocate

                      for the Petitioner seeks leave to withdraw Petition, with liberty to file a

                      properly worded Petition on the same cause of action.

                      1.1)            Leave and liberty granted.

                      2)              Disposed off as withdrawn with aforesaid liberty.


                                   (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)



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