Bombay High Court
SULAIM BUILDERS AND DEVELOPERS PVT LTD THROU. ITS DIRECTOR SUHEL ABDUL HAMID ARBIWALAversusTHE STATE OF MAHARASHTRA THROU. GOVT PLEADER ON BEHALF URBAN DEVELOPMENT DEPT AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The petition is allowed to be withdrawn, with liberty to pursue the matter in the civil suit, and the writ petition is disposed without adjudicating the merits.
Summary
The petitioner, Sulaim Builders and Developers Pvt. Ltd., filed a writ petition challenging a 2020 order of the Urban Development Minister that partially renewed permission to respondent No.3. The petitioner sought liberty to withdraw the writ and pursue relief through Special Civil Suit No. 969 of 2009 in the civil court. The Court allowed the withdrawal, directing the petitioner to file appropriate applications in the civil suit and urging the trial court to dispose of the suit within six months. The Court noted that the District Judge had already expedited the suit. No merits of the impugned order were decided, and all parties' contentions were kept open. Consequently, the writ petition was disposed.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition and pursue relief in the civil suit
- Whether the Court should direct expeditious disposal of the pending Special Civil Suit
Subjects
- writ petition
- withdrawal
- civil suit
- special civil suit
- urban development department
- expeditious disposal
Judgment
901-wp 16608-24.doc
ARJUN IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MACHHINDRA CIVIL APPELLATE JURISDICTION
KADAM
Digitally signed by WRIT PETITION NO. 16608 OF 2024
ARJUN MACHHINDRA
KADAM
Date: 2026.09.24
17:47:40 +0530
Sulaim Builders and Developers Pvt. Ltd. … Petitioner
Versus
The State of Maharashtra & Ors. ... Respondents
__________________________
Mr. Pritesh Burad a/w. Mrs. Madhuri Gamre i/b Pritesh Burad
Associates for the Petitioner.
Mr. Mayuresh Lagu a/w. Mr. Sagar Patil for Respondent No.2.
Mr. Manish Bohra for Respondent No.3.
Smt. M. S. Bane, AGP for the Respondent-State.
__________________________
CORAM : M. S. KARNIK AND
SANDESH D. PATIL, JJ.
DATED : 24th SEPTEMBER, 2026.
P.C. :
1. By the present petition, the petitioner is impugning the
Judgment and order dated 21st September, 2020 passed by the
Hon’ble Minister, Urban Development Department, Mumbai. By the
said order, the permission granted to respondent No.3 was renewed
partially.
2. Learned counsel for the petitioner after arguing for some
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901-wp 16608-24.doc
time seeks liberty of this Court to withdraw the writ petition with
liberty to file appropriate proceedings before the Civil Court and also
to file appropriate applications before the Civil Court taking Special
Civil Suit No. 969 of 2009 for appropriate relief.
3. In light of the above submissions, we permit the learned
counsel for the petitioner to withdraw the petition with liberty to file
appropriate proceedings before the Civil Court and/or move
appropriate applications before the Civil Court taking Special Civil
Suit No. 969 of 2009.
4. It is mentioned across the bar by the learned counsel for
the petitioner that the District Judge had already expedited the
Special Civil Suit No. 969 of 2009.
5. We request the trial Court taking the said suit to decide
and dispose of the suit as expeditiously as possible preferably within
a period of six months of the passing of this Order.
6. With the aforesaid directions, the writ petition is disposed
of.
7. All the contentions of all the parties are expressly kept
open.
8. We have not expressed any opinion on the merits of the
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901-wp 16608-24.doc
impugned order and that the same would be subject to decision of
the Civil Court.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Amk 3/3
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