Bombay High Court

SEEMA SUNIL ZHAGDEversusTHE UNION OF INDIA THROU. THE SEC. THE NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS

Disposal: Allowed To be withdrawn

Holding

The petition is disposed of as withdrawn, with no merits decided.

Summary

The petitioner, Seema Sunil Zhagde, filed a writ petition in the Bombay High Court seeking relief related to a compensation amount. The petitioner later informed the Court that the compensation had already been deposited before the Civil Court, which is now seized of the dispute. On this basis, the petitioner’s counsel applied for permission to withdraw the writ petition. The Court granted the withdrawal, disposing of the petition without addressing the merits of the case. It expressly noted that all rights and contentions of the parties remain open for future litigation.

Issues considered

Whether the High Court should continue to entertain a writ petition when the petitioner has already deposited the contested compensation before a civil court

Subjects

writ petition
withdrawal
compensation
civil court jurisdiction
high court

Judgment

                                                            16-WP-17515-2024.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 17515 OF 2024

Seema Sunil Zhagde                                    ...Petitioner.
        Versus
The Union Of India Throu.
The Sec. The National Highway
Authority Of India And Others                         ...Respondents.
                             ——————
Mr. R. V. Bansode (through VC), a/w Mr. Mohan M. Chavan, Mr. Sumit S.
Dhanawale, Advocates for the Petitioner.
Mr. Vardhaman Kadam i/b Mr. Sagar Varma and Mr. Sagar Ladda, Advocate for
Respondent Nos.2 and 3
Mr. Shridhar A. Patil, Advocate for Respondent No.1 – UOI
Mr. A. A. Alaspurkar, AGP for the Respondents - State
                                  ——————
                                     Coram :    Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                     Date     : September 09, 2026.
P. C. :

1.        Learned counsel appearing for the petitioner, on instructions,

seeks permission to withdraw the petition, as the amount of

compensation has already been deposited before the Civil Court and

the Civil Court is seized of the dispute.

2.        The petition is disposed of as withdrawn.

3.        It is clarified that this Court has not entered into the merits of the

matter and as such all rights and contentions are expressly kept open.




 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]


Sameer                               1 of 1

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