Bombay High Court
SHRI SAMARTHA SHIKSHANIK SANSTHA BORKUND THR ITS SECRETARY S.R. WAGHversusPRAKASH DATTATRAYA MALI
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
A writ petition may be withdrawn with liberty to pursue an alternate remedy, and the time spent on the petition counts towards the limitation period for the alternate remedy.
Summary
The petitioner, Samartha Shikshanik Sanstha Borkund, through its secretary, filed a writ petition seeking relief. The petitioner later applied to the court for permission to withdraw the petition while retaining the liberty to pursue an alternate remedy. The court considered whether it could allow such a withdrawal and grant the requested liberty. It held that the petition could be withdrawn and the petitioner could seek an alternate remedy, with the time spent on the petition counting towards any limitation period. Accordingly, the writ petition was disposed of as withdrawn with liberty as prayed.
Issues considered
- Whether a writ petition may be withdrawn with liberty to avail an alternate remedy
Subjects
- withdrawal of writ petition
- alternate remedy
- limitation period
- court discretion
Judgment
2026:BHC-AUG:4300
(1) 919-wp-12718-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12718 OF 2025
SHRI SAMARTHA SHIKSHANIK SANSTHA BORKUND THR
ITS SECRETARY S.R. WAGH
VERSUS
PRAKASH DATTATRAYA MALI
...
Mr. Shantanu A. Deshpande, Advocate for the Petitioner.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 28th JANUARY, 2026.
P.C.:-
1. The learned Advocate appearing for petitioner, on
instructions, seeks permission to withdraw Writ Petition with
liberty to avail alternate remedy as permissible under law.
2. Writ Petition stands disposed of as withdrawn with liberty as
prayed.
3. Needless to state here that time consumed in prosecuting
present Writ Petition shall be counted for purpose of limitation in
case alternate remedy is availed as per law.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/January-2026
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