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Bombay High Court

CHANDALEKHA ROHIDAS BENKEversusVIKRAM AJIT KAGADE AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The Court permitted the withdrawal of the writ petition with liberty to pursue appropriate legal remedy.

Summary

The petitioner, Chandalekha Rohidas Benke, filed a writ petition seeking relief but later instructed counsel to withdraw the petition, requesting liberty to pursue execution of an order dated 31 July 2023 issued by the Maharashtra Real Estate Regulatory Authority, Mumbai. The respondent State, represented by an Additional Government Pleader, did not oppose the withdrawal. The Court considered whether the petition could be withdrawn with liberty for the petitioner to seek appropriate legal remedies. Finding no objection and noting the petitioner's request, the Court allowed the withdrawal. Consequently, the writ petition was permitted to be withdrawn with liberty for the petitioner to pursue execution of the regulatory authority's order.

Issues considered

  • Whether the writ petition may be withdrawn with liberty to pursue execution of the order passed by the Maharashtra Real Estate Regulatory Authority

Subjects

  • withdrawal of writ petition
  • execution of order
  • Maharashtra Real Estate Regulatory Authority
  • civil appellate jurisdiction
  • liberty to pursue legal remedy

Judgment

                                                                        31-WP-17687-2024.DOC




                                                                                    Rekha Patil

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO. 17687 OF 2024
                      Chandalekha Rohidas Benke                                …Petitioner
                            Versus
                      Vikram Ajit Kagade And Ors.                           …Respondents


                      Mr. Rohit D. Joshi, for the Petitioner.
                      Mr. Ketan Joshi, ‘B’ Panel with P.J. Gavhane, AGP, for the
                            Respondents-State.


                                            CORAM:        SUMAN SHYAM &
                                                          GAUTAM A. ANKHAD, JJ.
                                            DATED:        6th OCTOBER, 2026.
                      PC:-


                      1.     Mr. Rohit Joshi, learned Counsel appearing for the Petitioner,
                      by inviting out attention to the order dated 31 st July, 2023 (Exh.-B)
                      submits that he has instructions from his client to withdraw the
                      Writ Petition with liberty from this Court to pursue appropriate
                      legal remedy for implementation/execution of the order dated 31 st
                      July, 2023, passed by the learned Maharashtra Real Estate
                      Regulatory Authority, Mumbai. The prayer is not opposed by Mr.
                      Ketan Joshi, learned AGP appearing for the State.

                      2.     In view of the above, this Writ Petition is permitted to be
                      withdrawn with liberty as prayed.



REKHA
PRAKASH               (GAUTAM A. ANKHAD, J.)                         (SUMAN SHYAM, J.)
PATIL                                                                                         {



Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.10.06
17:26:50 +0530




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