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Bombay High Court

I HEART PROPERTIES PVT LTDversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that a writ petition may be withdrawn when the impugned order has been withdrawn by the authority.

Summary

The petitioner, I Heart Properties Pvt. Ltd., filed a writ petition challenging an order of the State Tax Officer, Raigad Division, Navi Mumbai. The State Tax Officer subsequently withdrew the impugned order, and communicated this withdrawal to the petitioner on 27 January 2026. The petitioner then moved the High Court seeking leave to withdraw the writ petition in view of the withdrawal of the order. The Court examined the petitioner's request and found no impediment to allowing the withdrawal. Accordingly, the Court granted leave to withdraw the petition, disposed of the matter as withdrawn, and ordered that no costs be awarded.

Issues considered

  • Whether a writ petition may be withdrawn when the order impugned therein has been withdrawn by the authority?

Subjects

  • withdrawal of writ petition
  • tax assessment
  • civil appellate jurisdiction
  • high court procedure

Judgment

                                                                                            501-WP- 1552-26.DOC



 JYOTI                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 RAJESH
 MANE                                   CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI
RAJESH MANE
Date: 2026.02.03
10:55:23 +0530                           WRIT PETITION NO. 1552 OF 2026

                   I Heart Properties Pvt. Ltd.                             ...Petitioner
                          Versus
                   The State of Maharashtra & ors.                          ...Respondents
                                                          _______
                   Mr. T.J. Pandian, for Petitioner.
                   Mr. A.I. Patel, Addl. G.P. for Respondent-State.
                                                          _______

                                                CORAM:          G. S. KULKARNI &
                                                                AARTI SATHE, JJ.

                                                DATE:           02 FEBRUARY 2026

                   P.C.

                   1.           Learned counsel for the Petitioner seeks leave to withdraw the present

                   Petition, as the impugned order has been withdrawn by the State Tax Officer,

                   Raigad Division, Navi Mumbai. The same has been communicated to the

                   Petitioner vide communication dated 27th January 2026, a copy of which is placed

                   on record.

                   2.           Allowed to be withdrawn.

                   3.           Disposed of as withdrawn. No costs.




                          (AARTI SATHE, J.)                           (G. S. KULKARNI, J.)




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