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Bombay High Court

LAXMIBAI SADASHIV ALDAR AND ANRversusSTATE OF MAHARASHTRA THR. PR. SECRETARY, REVENUE AND FOREST DEPARTMENT, GOVT. OF MAHARASHTR AND ORS

Disposal
Disposed off as Withdrawn

Holding

The Court permitted the petition to be withdrawn with liberty to avail the alternative remedy.

Summary

In a writ petition filed before the Bombay High Court, Kolhapur Bench, petitioners Laxmibai Sadashiv Aldar and an associate challenged an order dated 02.04.2026 issued by a Sub‑Divisional Officer. The petition sought relief against that order. The learned counsel for the petitioners was informed that an alternative statutory remedy was available to contest the order. Consequently, the petitioners requested permission to withdraw the writ petition while retaining the right to pursue the alternative remedy. The Court, after hearing, allowed the withdrawal of the petition with liberty to avail the other remedy and disposed of the writ petition accordingly.

Issues considered

  • Whether the petitioners may withdraw the writ petition and pursue the alternative remedy available

Subjects

  • writ petition
  • withdrawal
  • alternative remedy
  • high court
  • civil appellate jurisdiction

Judgment

                                                                                    22-WP-2374-2026=.doc



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

                                              WRIT PETITION NO. 2374 OF 2026

                       Laxmibai Sadashiv Aldar And Anr                           … Petitioners
                                        Vs.
          Digitally
          signed by
UDAY
          UDAY
          SHIVAJI
                       State Of Maharashtra Thr. Pr. Secretary, Revenue And … Respondents
SHIVAJI   JAGTAP
                       Forest Department, Govt. Of Maharashtr And Ors
JAGTAP    Date:
          2026.09.24
          17:55:47
          +0530                                       ………….
                       Mr. B.R. Mane (through VC) for the Petitioners
                       Mr. Bapusaheb Dahiphale, AGP for the Respondent No.1 – State.
                                                      ………….
                                                          CORAM : SHAILESH P. BRAHME, J.

                                                          DATE       : 23rd SEPTEMBER, 2026.
                       P. C. :

                       .         Heard.

                       2.        When it is pointed out to the learned counsel for the petitioners

                       that there is alternate remedy available as against the order dated

                       02.04.2026 passed by the Sub Divisional Officer, learned counsel for the

                       petitioners seeks leave to withdraw the petition with liberty to avail the

                       remedy.

                       3.        The Writ Petition is disposed of as withdrawn with liberty as sought

                       for.

                                                                      ( SHAILESH P. BRAHME, J. )




                       Uday S. Jagtap                       1 of 1


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