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Bombay High Court

USHA ASHOK CHOWDHARYversusLONAVALA MUNICIPAL COUNCIL AND ANR

Decided
Disposal
Disposed off as Withdrawn

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to pursue other proceedings as per law.

Summary

The petitioner, Smt. Usha Ashok Chowdhary, filed a writ petition in the Bombay High Court and later sought leave to withdraw the petition in order to pursue other legal remedies. The court considered whether the petition could be withdrawn at the petitioner's request. It allowed the withdrawal, dismissing the petition as withdrawn and granting the petitioner liberty to file appropriate proceedings thereafter. No substantive observations were made regarding the existence or nature of any alternative remedy. All contentions of the parties were left open for future proceedings.

Issues considered

  • Whether a writ petition filed in the High Court can be withdrawn by the petitioner at his/her request

Subjects

  • withdrawal of writ petition
  • high court
  • civil appellate jurisdiction
  • petition dismissed
  • liberty to file other proceedings

Judgment

Gitalaxmi                                            5-WP-16581-2024.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                   WRIT PETITION NO. 16581 OF 2024

SMT. USHA ASHOK CHOWDHARY                            ...PETITIONER

                         Versus

LONAVALA MUNICIPAL COUNCIL AND OTHERS....RESPONDENTS

     Mr. Dushyant S. Pagare a/w Mr. Ram Aapte, learned counsel
     for the Petitioner.

     Petitioner is present in the Court.

     Mr. Aniruddha A. Garge a/w Mr. Yesh Gangal, learned counsel
     for Respondent No. 1.

     Mr. Anil Anturkar, Sr. Advocate a/w Ms. Jeenal Upadhyay, Mr.
     Harshvardhan Suryavanshi & Mr. Aditya Upadhyay, learned
     counsel for Respondent No. 3.

     Y. D. Patil, learned AGP for the State-Respondent.

                                  CORAM     : ARUN R. PEDNEKER, J.

                                  DATE      : 28th SEPTEMBER, 2026.

Per Court :
1.          Petitioner is present in the Court.

2.          Heard learned counsel appearing for the parties.

                                    Page 1 of 2
                              28th SEPTEMBER, 2026
Gitalaxmi                                                      5-WP-16581-2024.docx



3.          Learned counsel for the Petitioner, on instructions, seeks
leave to withdraw the present Petition to adopt such proceedings as
are available in law.

4.          Dismissed as withdrawn with liberty as prayed for, however
this Court has not observed anything on existence of any remedy.

5.          If such proceedings are filed, it would be decided in
accordance with law.

6.          All contentions of the parties are left open.




                                                      [ ARUN R. PEDNEKER, J. ]


                         Digitally signed
                         by GITALAXMI
             GITALAXMI   KRISHNA
             KRISHNA     KOTAWADEKAR
             KOTAWADEKAR Date:
                         2026.09.30
                         17:51:19 +0530




                                              Page 2 of 2
                                        28th SEPTEMBER, 2026


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