Bombay High Court

PREMILABAI PRALHADRAO PATTEWARversusTHE STATE OF MAHARASHTRA THROUGH ITS DIVISIONAL CONTROLLER

Disposal: DISPOSED OFF

Holding

The court granted leave to withdraw the writ petition but did not grant any specific permission to re‑agitate the same claim before the trial court.

Summary

Premilabai Pralhadrao Pattewar filed a writ petition before the Bombay High Court, Aurangabad Bench. During the hearing the Court expressed disinclination to issue a notice. The petitioner's counsel then sought leave to withdraw the petition and to pursue appropriate civil proceedings. The Bench granted the petitioner's request to withdraw the writ petition, while clarifying that no specific permission was given to re‑agitate the same claim before the trial court. Any subsequent civil proceeding, if filed, must be in accordance with the provisions of law.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition
Whether the court can grant specific leave to re‑file the same claim in a civil suit

Subjects

writ petition
withdrawal
civil suit
procedural law
jurisdiction

Judgment

2026:BHC-AUG:38182



                                                       1
                                                                      920-wp-13946-2024

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                      WRIT PETITION NO. 13946 OF 2024

                                     Premilabai Pralhadrao Pattewar
                                                VERSUS
                      The State Of Maharashtra Through Its Divisional Controller
                                                    ...
                     Mr. A. D. Gade, Advocate for the Petitioner
                     Mr. R. K. Ingole, AGP for Respondents-State
                                                   …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 21ST AUGUST, 2026

                     P.C. :-

                     .         After arguing for some time and upon this Court

                     expressing disinclination to issue notice, learned Advocate for

                     the petitioner seeks leave to withdraw the petition. He submits

                     that the petitioner be granted liberty to file appropriate

                     proceeding before the Civil Court.

                     2.        Leave granted. It is clarified that this Court has not

                     granted any specific leave to re-agitate the same claim before

                     the Trial Court.

                     3.        Any proceeding if filed by the petitioner, be subject to

                     the provisions of law.



                                                           ( AJIT B. KADETHANKAR, J. )

                     Rushikesh/2026

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