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Bombay High Court

Vaishanavi D/o vitthl SarjeversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY MEDICAL EDUCATION AND ANR

Decided
Disposal
Disposed Off

Holding

The Court may, at its discretion, allow a petitioner to withdraw a writ petition, provided no prejudice is caused to the respondents.

Summary

The petitioner, Vaishnavi D/o Vittahl Sarje, filed Writ Petition No. 12912 of 2026 before the High Court of Bombay. The petitioner later sought leave of the Court to withdraw the petition in order to pursue alternative proceedings. The Court examined its inherent power to permit withdrawal of a pending writ petition, noting that such discretion is exercised when no prejudice is caused to the respondents and the petition is not frivolous. The learned judges held that the petition could be withdrawn with liberty as prayed. Consequently, the Court granted leave to withdraw and disposed of the writ petition as withdrawn.

Issues considered

  • Whether the Court may grant leave to the petitioner to withdraw the pending writ petition?

Subjects

  • Writ Petition
  • Withdrawal
  • Civil Appellate Jurisdiction
  • Discretionary Power

Judgment

                                                                                 sr.906-wp-12912-2026.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANSI
DHANANJAY                                    CIVIL APPELLATE JURISDICTION
SHELKE
Digitally signed by
MANSI DHANANJAY
                                            WRIT PETITION NO. 12912 OF 2026
SHELKE
Date: 2026.09.30
18:32:02 +0530



                      Vaishnavi D/o Vittahl Sarje                     .. Petitioner

                              Versus

                      The State of Maharashtra & Anr.                 .. Respondents

                           Adv. Chandrakant R. Thorat a/w Adv. Yuvraj Joshi, Adv. O. D.
                           Totawad, Adv. Satyam Kumar & Adv. Tejas Charan for the Petitioner.
                           Adv. Meghana Gewalani for Respondent No.2 CET Cell.
                           Ms. Priyanka B. Chavan, AGP for State.

                                                  CORAM:      R.I. CHAGLA &
                                                              FIRDOSH P. POONIWALLA, JJ.
                                                  DATE:       SEPTEMBER 30, 2026

                      P. C.

                      1.             The learned counsel appearing for the Petitioner has sought

                      leave to withdraw the Writ Petition in order to adopt appropriate

                      proceedings.


                      2.             Accordingly, leave is granted.


                      3.             Writ Petition No. 12912 of 2026 is disposed of as withdrawn with

                      liberty as prayed.



                      [FIRDOSH P. POONIWALLA, J.]                            [R. I. CHAGLA, J.]

                                                       Page 1 of 1
                                                   SEPTEMBER 30, 2026
                      Mansi shelke


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