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Bombay High Court

TRIGEM HOSPITALITY THR ITS PARTNER KHAWAJA F SHAHBUDDINversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court granted permission to withdraw the writ petition with liberty to avail the alternate remedy and allowed a four‑day period to file a reply to the notice.

Summary

The petitioner, Trigem Hospitality through its partner Khawaja F Shahbuddin, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and others. The petitioner’s counsel requested permission to withdraw the petition while seeking a reasonable period to reply to a notice dated 01.09.2026, which was served on 09.09.2026. The Court examined the request and, exercising its inherent powers, granted permission to withdraw the writ petition with liberty to pursue the alternate remedy mentioned in the notice. The Court also allowed the petitioner four days from the date of the order to file a reply to the notice. If the reply is filed, the respondents may decide the matter on its merits. Consequently, the petition was disposed of as withdrawn.

Issues considered

  • Whether the Court may permit the withdrawal of a writ petition with liberty to avail an alternate remedy
  • Whether the petitioner should be granted additional time to reply to the notice served

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • notice
  • high court
  • procedural order

Judgment

2026:BHC-AUG:42326-DB


                                                   {1}                  26-wp-12340-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     26 WRIT PETITION NO. 12340 OF 2026

                    Trigem Hospitality Through Its Partner Khawaja F Shahbuddin
                                              VERSUS
                               The State Of Maharashtra And Others
                                                  ...
              Mr. Anand Bhandari h/f Mr. Vishal Amritlal Bagdiya, Advocate for the
              Petitioner
              Mr. V.M. Kagne, AGP for State
                                                .......
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.
                                             DATE : 15th SEPTEMBER, 2026
              PER COURT :
              1.       Learned Advocate for the Petitioner, on instructions, seeks
              permission to withdraw the writ petition with liberty to avail alternate
              remedy. He, however, requests that since the notice dated 01.09.2026
              is served on 09.09.2026, he may be granted reasonable time to reply
              the said notice.
              2.       Permission is granted.
              3.       Writ Petition is disposed of as withdrawn with liberty to the
              Petitioner. Petitioner is permitted to submit reply to the said notice
              within four days from today. If the reply is filed by the petitioner, the
              Respondents may take appropriate decision on merits in the case of
              the petitioner.
              4.       Petitioner is entitled to avail the alternate remedy as mentioned
              in the said notice.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)
              Bhagyawant Punde


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