Bombay High Court

Rajesh Tansen KatweversusState of Maharashtra

Decided: 23 January 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The petition may be withdrawn with liberty to avail the statutory remedy under the Maharashtra Co-operative Societies Act, 1960.

Summary

The petitioner, Rajesh Tansen Katwe, filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra and others. During the proceedings, the petitioner's counsel sought permission to withdraw the petition and to pursue the matter under the Maharashtra Co-operative Societies Act, 1960. The Court considered whether it could grant such leave and allow the petitioner to seek relief through the statutory remedy. It held that the petition could be withdrawn provided the petitioner was given liberty to approach the appropriate statutory forum. Accordingly, the Court granted leave to withdraw and directed that the petition be disposed of as withdrawn. The decision underscores the Court's discretion to permit withdrawal when an alternative statutory remedy is available.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to pursue relief under the Maharashtra Co-operative Societies Act, 1960

Legislation cited

Maharashtra Co-operative Societies Act, 1960

Subjects

withdrawal of writ petition
statutory alternate remedy
Maharashtra Co-operative Societies Act
high court
civil appellate jurisdiction

Judgment

                      P. H. Jayani                                                03 WP15042.2025.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 15042 OF 2025

                      Rajesh Tansen Katwe                               …. Petitioner
                            v/s.
                      The State of Maharashtra and Ors.                 …. Respondents
                                        ________________________________

                      Mr. Rushikesh Barge for the Petitioner (through VC).
                      Smt. P.J. Gavhane, AGP for the Respondent – State.
                      Mr. Suyash Sule for Respondent No.3.
                                          ________________________________

                                                       CORAM: A.S. GADKARI AND
                                                              SHYAM C. CHANDAK, JJ.

                                                       DATED : 23rd JANUARY, 2026.

                      P. C. :-

                      1)             Learned Advocate for the Petitioner seeks leave to withdraw

                      Petition with liberty to avail statutory alternate remedy under the

                      provisions of The Maharashtra Co-operative Societies Act, 1960.

                      1.1)           Leave and liberty granted.

                      2)             Disposed off as withdrawn with aforesaid liberty.



                             (SHYAM C. CHANDAK, J.)                       (A.S. GADKARI, J.)


  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.02.03
15:22:08 +0530




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