Bombay High Court

ANNASAHEB DAULAT MURKUTEversusAJIT BHAGACHANDRA SHINDE AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court allowed the withdrawal of the writ petition and disposed of it as withdrawn.

Summary

The petitioner, Annasaheb Daulat Murkute, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the respondents. The petitioner later expressed a desire to withdraw the writ petition and instead pursue an appropriate civil suit. The petitioner’s counsel, Mr. S. R. Sapkal, formally requested permission to withdraw the proceeding. The Court, exercising its inherent jurisdiction, granted leave to withdraw, expressly noting that it had not examined the merits of the case. Consequently, the writ petition was disposed of as withdrawn, leaving the petitioner free to institute a civil suit as permitted by law.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition pending before the High Court and pursue an alternative civil remedy

Subjects

withdrawal of writ petition
high court jurisdiction
civil suit
discretionary power
petition dismissed

Judgment

2026:BHC-AUG:37399



                                                       1
                                                                      917-wp-12652-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 12652 OF 2024

                                       Annasaheb Daulat Murkute
                                                VERSUS
                                 Ajit Bhagachandra Shinde And Others
                                                    ...
                     Mr. S. R. Sapkal, Advocate for the Petitioner
                     Mr. S. N. Kendre, AGP for Respondents-State
                     Mr. S. V. Karad h/f Mr. H. D. Deshmukh, Advocate for
                     Respondent nos.2 to 5
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 18TH AUGUST, 2026

                     P.C. :-

                     .         At the outset, Mr. S. R. Sapkal, learned Advocate for the

                     petitioner on instructions of his client, who is personally

                     present in the Court, submits that the petitioner would

                     withdraw the present proceeding and would take up

                     appropriate proceeding before the Civil Court.

                     2.        Leave granted. It is clarified that this Court has not

                     observed anything on merits of the case. Petitioner is at liberty

                     to take up such legal proceeding as is permissible in law.

                     3.        Writ Petition stands disposed of as withdrawn.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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