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Bombay High Court

DHONDIRAM TULSHIRAM MADALE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petitioners are allowed to withdraw the writ petition, with the point of delay left open for later consideration.

Summary

The petitioners, Dhondiram Tulshiram Madale and another, filed a writ petition challenging actions in acquisition proceedings. They sought permission to withdraw the petition and later file an appropriate application after the first appeals by the claimants were decided, relying on a Supreme Court decision (SLP (C) Nos. 2587‑2593 of 2021). The High Court, after hearing counsel for both sides, granted the request to withdraw the writ petition. The petition was consequently disposed of as withdrawn. The court also noted that the issue of delay raised in the petition would remain open for future consideration.

Issues considered

  • Whether the petitioners may be permitted to withdraw the writ petition and subsequently file an application after the first appeals are decided

Subjects

  • withdrawal of writ petition
  • point of delay
  • acquisition proceedings
  • high court order

Judgment

2026:BHC-AUG:15769-DB


                                                   {1}                      916-wp-213-2022

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     916 WRIT PETITION NO. 213 OF 2022

                              Dhondiram Tulshiram Madale And Another
                                              VERSUS
                                The State Of Maharashtra And Others
                                                 ...
              Mr. Ashwin Sakolkar h/f Mr. V.G. Sakolkar., Advocate for the Petitioners
              Mr. A.V. Lavte, AGP for State
                                               .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   VAISHALI PATIL JADHAV, JJ.


                                             DATE : 08th APRIL, 2026

              ORDER :

              1.       At outset, learned advocate for the petitioners by relying on the

              decision of the Apex Court in SLP (C) Nos. 2587-2593 of 2021 submits

              that petitioners may be permitted to withdraw the writ petition with

              liberty to file appropriate application after the decision of first appeals

              filed by the claimants in the same acquisition proceedings.


              2.       Permission is granted. Writ petition is disposed of as withdrawn.


              3.       The point of delay is kept open for consideration.



              (VAISHALI PATIL JADHAV, J.)                (NITIN B. SURYAWANSHI, J.)



              Bhagyawant Punde


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