Bombay High Court

CHANDAR ALIAS CHANDRAKANT BHIKA POTALE AND ORSversusKANHU VITHU POTALE AND ORS

Decided: 30 September 2026
Disposal: Dismissed as Withdrawn

Holding

The writ petition is dismissed as withdrawn, with liberty to the petitioners to avail the appropriate alternative remedy.

Summary

The petitioners filed a writ petition in the Bombay High Court challenging an order, alleging that the appropriate remedy lay elsewhere. Respondent counsel argued that a revision before the Divisional Commissioner was the correct alternative remedy. The petitioner's counsel then sought permission to withdraw the writ petition, requesting liberty to pursue the said alternative remedy. The Court considered the submission and allowed the withdrawal of the petition. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum.

Issues considered

Whether the writ petition may be withdrawn at the petitioner's request
Whether the petitioners are entitled to liberty to pursue an alternative remedy of revision before the Divisional Commissioner

Subjects

writ petition
withdrawal
revision
alternative remedy
civil appellate jurisdiction
Bombay High Court

Judgment

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.12666 OF 2026

BHALCHANDRA
GOPAL
DUSANE                Chandar alias Chandrakant Bhika         ....   Petitioners
Digitally signed by
BHALCHANDRA
                      Potale & Ors.
GOPAL DUSANE
Date: 2026.10.03
15:12:50 +0530
                                      Vs.

                      Kanhu Vithu Potale & Ors.               ....   Respondents


                      Mr. Prashant R. Suryawanshi i/b Mr. Gajanan M. Savagave for Petitioner.
                      Mr. Piyush Pande, ‘B’ Panel Counsel for Respondent nos. 4 to 6.

                                                        CORAM : ARUN R. PEDNEKER, J.
                                                        DATE   : 30th September 2026

                      P.C. :


                      1.       Mr. Pande, learned ‘B’ Panel Counsel appearing for Respondent Nos.

                      4 to 6, submits that an alternative remedy by way of Revision is available to

                      the Petitioner before the Divisional Commissioner.

                      2.       In view of the submission made, the learned Counsel for the Petitioner

                      seeks leave to withdraw the present Writ Petition, with liberty to avail of the

                      appropriate remedy against the impugned order.

                      3.       The Writ Petition is dismissed as withdrawn, with liberty as prayed.



                                                                        [ ARUN R. PEDNEKER, J. ]
                                                             1/1
                      9 WP 12666.26.doc                                                      Dusane

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