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Bombay High Court

HINDUSTANI EDUCATION SOCIETY AUSA THR ITS PRESIDENT KULKARNI S BALASAHEB AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court may permit the withdrawal of a writ petition upon the petitioner's request, subject to its discretion.

Summary

The Hindustani Education Society, through its President, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. The petitioner’s counsel later requested permission to withdraw the petition, alleging the Court’s disinclination to entertain it. The Court examined whether it could permit the withdrawal of a pending writ petition. It granted the petitioner's request, allowing the petition to be withdrawn. Consequently, the writ petition was disposed of as withdrawn, with the Court granting liberty to the petitioner to pursue any alternate remedy available.

Issues considered

  • Whether a writ petition may be withdrawn at the petitioner's request after filing
  • Whether the Court requires any special permission or conditions to allow withdrawal of a writ petition

Subjects

  • writ petition
  • withdrawal
  • high court
  • civil procedure
  • alternate remedy

Judgment

2026:BHC-AUG:43159-DB


                                                    *1*                    11-wp-12604-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                11 WRIT PETITION NO. 12604 OF 2026

                    Hindustani Education Society Ausa Through Its President
                                 Kulkarni S Balasaheb And Others
                                             VERSUS
                 The State Of Maharashtra Through Its Principal Secretary And
                                              Others
                                                ...
                Mr. Shaikh Tarek Mobin H., Advocate for the Petitioner
                Mr. A. B. Girase,GP for Respondents/State
                                                ...
                                   CORAM : NITIN B. SURYAWANSHI &
                                             ABASAHEB D. SHINDE, JJ.
                                   DATE : 22nd SEPTEMBER 2026

                P. C. :-

                1.         Learned Advocate for the petitioner seeks permission to

                withdraw the Writ Petition as the Court has shown disinclination

                to entertain the petition.

                2.         Permission is granted.

                3.         Writ Petition is disposed of as withdrawn with liberty to

                prosecute the alternate remedy.




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




                Narwade


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