Bombay High Court
ASHVINI D/O DATTATRAY BALIPOGUL AND ANRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY MEDICAL EDUCATION AND DURG AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Leave to withdraw the writ petition was granted, and the petition was disposed of as withdrawn with liberty to file a fresh petition.
Summary
The petitioners, Ashvini d/o. Dattatraya Balipogul & Ors., filed a writ petition before the High Court of Bombay challenging actions of the State of Maharashtra and its agencies. During the proceedings, the petitioners' counsel sought permission to withdraw the present writ petition and to file a fresh petition concerning the second petitioner. The Court examined whether such a withdrawal could be permitted under procedural law. It held that the petitioners were entitled to withdraw the petition, provided they were given liberty to file a fresh petition. Accordingly, the Court granted leave to withdraw and disposed of the writ petition as withdrawn with liberty as prayed.
Issues considered
- Whether the petitioners may be allowed to withdraw the writ petition and file a fresh petition
Subjects
- writ petition
- withdrawal of petition
- civil appellate jurisdiction
- high court order
Judgment
904-wp-12699-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12699 OF 2026
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
Ashvini d/o. Dattatraya Balipogul & Ors. ...Petitioners
NIJASURE Date:
2026.09.24
18:35:50
+0530
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Mr. Chandrakant R. Thorat, with O.D. Totawad, Yashraj Joshi and
Vaibhav Mhaske for the Petitioners.
Mr. P.P. Kakade, Addl. G.P. with Priyanka Chavan, AGP for the State.
Ms. Meghna Gowalani with Mr. Saharsh Manyar for the Respondent
No.2 – CET Cell.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 24TH SEPTEMBER, 2026.
O R D E R:
1. The learned Counsel appearing for the Petitioners has
sought leave to withdraw present Writ Petition with liberty to file
fresh Petition in respect of Petitioner No.2.
2. Accordingly, leave is granted. Writ Petition is disposed of
as withdrawn with liberty as prayed.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
1/1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.