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Bombay High Court

SANJAY KESARINATH BHOIR AND ANRversusDY REGISTRAR, CO-OPERATIVES-CUM -THE COMPETENT AUTHORITY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court has the inherent authority to allow a writ petition to be withdrawn upon the petitioners' request.

Summary

The petitioners, Sanjay Kesarinath Bhoir and another, filed a writ petition in the Bombay High Court. They later sought the Court's permission to withdraw the petition, alleging that the drafting was improper and that they intended to file a fresh petition on the same cause of action. The petitioners, through counsel Ms. Sneha V. Agrawal and Ms. Shweta Rathod of Elixir Legal Services, applied for leave to withdraw. The Court considered whether it has the authority to allow a petition to be withdrawn at the petitioners' request. The Court held that it possesses the inherent power to permit withdrawal of a writ petition when the petitioners request it. Consequently, the Court granted liberty to the petitioners, permitting the withdrawal and disposal of the writ petition.

Issues considered

  • Whether a writ petition may be withdrawn at the petitioners' request on grounds of improper drafting

Subjects

  • withdrawal of petition
  • writ petition
  • procedural law
  • civil appellate jurisdiction
  • Bombay High Court

Judgment

Vaishnavi                                                  34-WP-13039-2025


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                       WRIT PETITION NO. 13039 OF 2025

Sanjay Kesarinath Bhoir and Anr.                         ...Petitioners

                      V/s.

Dy Registrar, Co-Operative- -Cum -The
Competent Authority and Ors.                            ...Respondents
                                  ________________
Ms. Sneha V. Agrawal i/b, Ms. Shweta Rathod i/b Elixir Legal Services, for
Petitioners.
Ms. A.A. Purav, AGP for Respondent-State.
                                  ________________


                                            CORAM: SANDEEP V. MARNE, J.

                                            DATED: 11 AUGUST 2026


P.C.:


1)          Ms. Agrawal, the learned counsel appearing for Petitioners, on
instructions, seeks leave of the Court to withdraw the Petition on the
ground that the drafting of the Petition is not proper. She seeks leave of
the Court to @le a fresh Petition on same cause of action.


2)          Reserving the liberty as prayed for, the Writ petition is permitted
to be withdrawn and disposed of.




                                                      [SANDEEP V. MARNE, J.]

                                     Page No.1 of 1
                                    11 August 2026


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