Bombay High Court

ASHALATA DATTATRAYA SAWAI THR. POA PRASHANT D. SAWAIversusSATSANG CO OPERATIVE HOUSING SOCIETY LTD. AND ORS

Decided: 4 March 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI KAMAL KHATA

Holding

A writ petition against a private individual is not maintainable, and the court may grant leave to withdraw the petition with liberty to approach a civil court.

Summary

The petitioner, Mrs. Ashalata Dattatraya Sawai, filed a writ petition in the Bombay High Court against Satsang Co Operative Housing Society Ltd. and others, seeking reliefs. The court observed that a writ petition against a private individual is not maintainable under law. Counsel for the petitioner requested permission to withdraw the petition and instead pursue a substantive remedy in a civil court. The bench considered the maintainability issue and the propriety of allowing withdrawal with liberty to approach another forum. It held that the petition could not proceed as a writ and therefore granted leave to withdraw. The petition was consequently disposed of as withdrawn, with liberty to file a civil suit.

Issues considered

Whether a writ petition can be filed against a private individual
Whether the court may grant leave to withdraw the writ petition and permit the petitioner to pursue a civil remedy

Subjects

writ petition
maintainability
private individual
civil court
withdrawal
high court

Judgment

ssm 8-wp17885.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 17885 OF 2024

Mrs. Ashalata Dattatraya Sawai …..Petitioner.

Vs.

Satsang Co Operative
Housing Society Ltd. & Ors. …..Respondents.
____________________________________

Mr. S. N. Chandrachood a/w Adv. A.V. Pitre for the Petitioner.
Smt. P.J. Gavhane AGP, for the Respondent-State.
____________________________________

CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 4th MARCH, 2026.

P.C.:-

1) As the Writ Petition against a private individual is not

maintainable in law, Mr. Chandrachud, learned counsel for the Petitioner on

instructions seeks leave to withdraw Petition with liberty to avail

substantive alternate remedy before the Civil Court for the reliefs as prayed

for in the Petition.

1.1) Leave and liberty granted.

2) Disposed off as withdrawn with aforesaid liberty.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR 1/1
MASHALKAR Date:
2026.03.09
11:59:05 +0530

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