Bombay High Court

AKSHAR DEVELOPERSversusSTATE TAX OFFICER (RAI-VAT-C-027) AND ANR

Decided: 8 September 2026
Disposal: Disposed off as Withdrawn

Holding

The Court held that a writ petition may be withdrawn when an appeal has been filed, provided the petitioner is permitted to continue pursuing the appeal.

Summary

Akshar Developers filed a writ petition before the High Court of Bombay challenging a tax assessment. While the petition was pending, the petitioner filed an appeal before the appropriate Appellate Authority. The petitioner then moved the High Court seeking leave to withdraw the writ petition, arguing that the appeal would now be the proper forum. The Court considered whether a writ petition could be withdrawn after an appeal had been filed. It held that the petition could be withdrawn, subject to the condition that the petitioner retain the liberty to pursue the appeal. Accordingly, the Court allowed the petition to be withdrawn.

Issues considered

Whether a writ petition may be withdrawn after an appeal has been filed before the Appellate Authority

Subjects

writ petition
withdrawal
appellate authority
civil procedure

Judgment

                      Digitally signed
                      by ARUNA
            ARUNA     SANDEEP
            SANDEEP   TALWALKAR
            TALWALKAR Date:
                      2026.09.09
                      17:56:33 +0530
                                                              901.WP16252.2023.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.16252 OF 2023

Akshar Developers.                                     … Petitioner.
      Versus
State Tax Officer (RAI-VAT-C-027) And Anr.             … Respondents.

                           --------------
Adv. Ritika Agarwal, a/w. Adv. Yaminee Verma i/b. M/s. Acelegal,
Advocate for Petitioner.

Smt. Priyanka B. Chavhan, AGP, for Respondent/State.
                           --------------
                            CORAM : M. S. KARNIK &
                                          SANDESH D. PATIL, JJ.

                                         DATE :   8th SEPTEMBER, 2026

P.C. :


1.             The learned counsel for the Petitioner seeks leave to

withdraw the Writ Petition as an appeal has been filed before the

Appellate Authority.

2.             Keeping all the contentions open, with liberty to pursue

the appeal, the Petition is allowed to be withdrawn.



(SANDESH D. PATIL, J.)                               (M. S. KARNIK, J.)




Talwalkar                                1

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