Bombay High Court

SMT. NEETA MOTIRAM JADHAVARversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The petition was withdrawn with liberty to keep all contentions open for future relief.

Summary

The petitioner, Smt. Neeta Motiram Jadhavar, filed a writ petition challenging certain actions of the State of Maharashtra and other respondents. During the hearing, counsel for the petitioner, on instructions from her husband, sought permission to withdraw the petition while preserving all substantive contentions, including any benefits that might arise from a communication dated 18 October 2017. The Court examined whether a petition could be withdrawn with liberty to keep the underlying claims alive for future relief. It allowed the withdrawal, expressly granting liberty to the petitioner to revive the contentions later, and ordered that the petition be disposed of as withdrawn without any costs. No substantive merits of the original claims were decided, and the matter was closed pending any future application by the petitioner.

Issues considered

Whether a writ petition may be withdrawn with liberty to keep the underlying contentions open for future relief

Subjects

writ petition
withdrawal
liberty to revive
costs
civil appellate jurisdiction

Judgment

                                                                                          20.WP13132_2023.DOC
  2026:BHC-AS:39734-DB

                  Vidya Amin

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 13132 OF 2023

                        Smt. Neeta Motiram Jadhavar @
                        Ms. Neeta Baburao Dhakne                                       … Petitioner
                              Vs
                        The State of Maharashtra, through Secretary,
                        City Development Dept. & Ors.                                  … Respondents
                                                           _________
                        Mr. Dinesh Bhosale for the petitioner.
                        Mr. A.K. Naik, AGP for the State.
                        Mr. Kedar B. Dighe for respondent nos. 2 to 4-PCMC.
                                                          __________

                                                     CORAM:        G. S. KULKARNI &
                                                                   DR. NEELA GOKHALE, JJ.
                                                     DATE:         29 SEPTEMBER 2026

                        P.C.

                        1.       After this petition was heard for sometime, learned counsel for the
                        petitioner, on instructions of the husband of the petitioner who is present in the
                        Court, seeks leave to withdraw this petition keeping open all the contentions
                        including the benefits, if any, which may accrue to the petitioner under the
                        communication dated 18 October, 2017 issued by the Additional Secretary,
                        General Administrative Department, Mantralaya to the Principal Secretary of the
                        different departments, Mantralaya (Exhibit R-3, page 86 to the petition).


                        2.       Allowed to be withdrawn with liberty as prayed for.


                        3.       All contentions are expressly kept open.


                        4.       Disposed of as withdrawn. No costs.



                        (DR. NEELA GOKHALE, J.)                                 (G. S. KULKARNI, J.)


Signed by: Vidya S. Amin                                    Page 1 of 1
Designation: PS To Honourable Judge                     29 September 2026
Date: 30/09/2026 12:10:47

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