Bombay High Court

ASMITA D/O MOHAN KOLIversusTHE STATE OF MAHARASHTRA THR ITS SCRETARY AND ANR

Decided: 6 October 2026
Disposal: Disposed Off

Holding

Leave to withdraw the writ petition with liberty to re‑file before the Aurangabad Bench is granted.

Summary

The petitioner, Asmita D/o Mohan Koli, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra and others. The petitioner later applied for leave to withdraw the petition and requested permission to re‑file it before the Aurangabad Bench of the same court. The learned counsel argued that withdrawal would not prejudice the respondents and would facilitate a more appropriate forum. The court examined the procedural propriety of allowing a petition to be withdrawn with liberty to re‑file elsewhere. Finding no impediment, the judges granted the leave to withdraw and ordered the petition to be disposed as withdrawn, with liberty to re‑file as prayed. Consequently, the writ petition stands closed pending any fresh filing before the Aurangabad Bench.

Issues considered

Whether the petitioner may be granted leave to withdraw the writ petition and re‑file it before another bench of the High Court

Subjects

withdrawal of writ petition
civil appellate jurisdiction
high court
re‑filing
procedural law

Judgment

                                                                               915-wp-13294-2026.doc
                      jsn

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO.13294 OF 2026

                            Asmita D/o. Mohan Koli                             ...Petitioner
JITENDRA
SHANKAR
NIJASURE
Digitally signed by
                                   Versus
JITENDRA SHANKAR
NIJASURE
Date: 2026.10.07
12:07:33 +0530

                            The State of Maharashtra & Ors.                    ...Respondents
                                                          ----------
                            Mr. Ghanshyam K. Chinchole, with Mr. Ratan Adhe for the Petitioner.
                            Ms. Pooja C. Patil, AGP for the State.
                            Mr. Yashodhan Deshmukh with Vaidehi Pradeep for the Respondent
                            – CET Cell.
                                                            ----------

                                                     CORAM : R.I. CHAGLA AND
                                                             FIRDOSH P. POONIWALLA, JJ.
                                                     DATE  : 6TH OCTOBER, 2026.
                            O R D E R:

                            1.           The learned Counsel appearing for the Petitioner has

                            sought leave to withdraw the Writ Petition with liberty to file before

                            the Aurangabad Bench of this Court.



                            2.           Accordingly, leave is granted. The Writ Petition is

                            disposed of as withdrawn with liberty as prayed.



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




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