Bombay High Court

RISING LANDSCAPE (ASSOCIATION OF PERSONS) AND ORSversusTHE STATE OF MAHARASHTRA THR ITS MINISTRY OF COOPERATION AND ORS

Decided: 28 April 2026
Disposal: Disposed off as Withdrawn
Bench: AMIT BORKAR

Holding

The court allowed the withdrawal of the writ petition and granted liberty to pursue the grievance in a civil suit.

Summary

The petitioners, Rising Landscape Association and others, filed a writ petition in the Bombay High Court challenging an order of the State of Maharashtra. They later submitted written instructions to withdraw the writ petition, seeking liberty to pursue the same grievance through a civil suit. The court recorded the written instructions, marked them for identification, and considered the request. It held that the petition could be withdrawn and granted the petitioners liberty to approach the civil court without being bound by the observations in the impugned order. Consequently, the writ petition was disposed of as withdrawn with liberty to file a civil suit.

Issues considered

Whether a writ petition may be withdrawn with liberty to pursue the same grievance in a civil suit?

Subjects

writ petition
withdrawal
civil suit
high court
jurisdiction

Judgment

                                                                           39-wp14748-2025.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.14748 OF 2025

                      Rising Landscape (Association of
                      Persons) & Others                            … Petitioner
                                 V/s.
                      The State of Maharashtra & Ors.              … Respondents



                      Ms. Ketki Gadkari with Ms. Niharika Chandurkar for
                      the petitioner.
                      Dr. Dhruti Kapadia, AGP for respondent Nos.1 and 2-
ATUL
GANESH                State.
KULKARNI
Digitally signed by
                      Mr. Jaydeep Deo for respondent No.3-Society.
ATUL GANESH
KULKARNI
Date: 2026.04.28
15:39:23 +0530

                                                 CORAM        : AMIT BORKAR, J.

                                                 DATED        : APRIL 28, 2026
                      P.C.:

                      1.      Learned Advocate for the petitioner states that she has
                      written instructions to withdraw the writ petition with liberty to
                      challenge the impugned order by way of civil suit. The written
                      instructions are taken on record and marked ‘X’ for identification.

                      2.      Accordingly, the writ petition stands disposed of as
                      withdrawn with liberty as prayed for.

                      3.      It is made clear that the Civil Court shall decide the
                      grievance of the petitioner uninfluenced by the observations made
                      in the impugned order.


                                                                   (AMIT BORKAR, J.)


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