Bombay High Court

SUDHIR RAJARAM KHARATversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Leave to withdraw the petition was granted, and any appeal filed within 30 days will be heard on merits without limitation.

Summary

The petitioner, Sudhir Rajaram Kharat, filed a writ petition (No. 14755 of 2019) before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. The petitioner sought leave to withdraw the petition so that he could pursue an appeal. The Court considered whether the petitioner could be permitted to withdraw the petition and subsequently file an appeal without being barred by limitation. The Court granted the petitioner's request, allowing the withdrawal and directing that any appeal filed within 30 days of the order be heard on its merits without limitation issues. Consequently, the petition was disposed of as withdrawn, with liberty to appeal as prayed for.

Issues considered

Whether the petitioner may be granted leave to withdraw the writ petition
Whether an appeal filed after withdrawal can be entertained without regard to limitation

Subjects

withdrawal of petition
appeal
limitation period
writ petition
procedural order

Judgment

2026:BHC-AUG:38371-DB

                                                                            932 WP NO. 14755 OF 2019


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                    WRIT PETITION NO. 14755 OF 2019

                                              Sudhir Rajaram Kharat
                                                     VERSUS
                                     The State Of Maharashtra And Others
                                                        …
                       •   Mr. R. R. Awhad, Advocate h/f. Mr. N. L. Choudhari, Advocate
                           for the Petitioner
                       •   Ms. S. S. Joshi, AGP for Respondent Nos. 1 to 3 - State
                                                        …
                                                      CORAM : KISHORE C. SANT &
                                                               JITENDRA JAIN, JJ.
                                                    DATE     : 21st AUGUST, 2026
                PER COURT :

                1.           Learned counsel for the petitioner seeks leave to withdraw

                the present petition to avail the remedy of appeal.

                2.           Leave, as prayed for, is granted. If the appeal is filed within

                a period of 30 days from the date of uploading of the present order,

                the appellate authority shall consider the appeal on merits without

                going into the question of limitation.

                3.           The petition is disposed of as withdrawn with liberty as

                prayed for.




                 [JITENDRA JAIN, J.]                              [KISHORE C. SANT, J.]




                Jhs/                                                                           1/1

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