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- Allowed To be withdrawn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 The Court considered whether the petition could be withdrawn with liberty for the petitioner to seek appropriate legal remedies.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 Consequently, the writ petition was permitted to be withdrawn with liberty for the petitioner to pursue execution of the regulatory authority's order.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- Whether the writ petition may be withdrawn with liberty to pursue execution of the order passed by the Maharashtra Real Estate Regulatory Authority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withdrawn with liberty as prayed.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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