Bombay High Court
MATOSHRI SHANTABAI GOVINDRAO SONAWANE ENGLISH MEDIUM SCHOOL ANDARSUL THR. ITS PARINCIPAL ALTAF KHANversusTHE STATE OF MAHARASHTRA THR. ITS CHIEF SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the withdrawal of the writ petition and granted the petitioner liberty to file a fresh petition.
Summary
The petitioner, Matoshri Shantabai Govindrao Sonawane English Medium School, filed a writ petition challenging a Government Resolution dated 16 October 2025. After a subsequent Government Resolution dated 15 December 2025 superseded the earlier one, the petitioner sought leave to withdraw the petition and to file a fresh petition. The Court considered whether it could permit withdrawal and grant liberty to re‑file. It held that the petition could be withdrawn and the petitioner could be given liberty to file a new petition in light of the superseding resolution. Accordingly, the writ petition was disposed of as withdrawn with liberty as prayed.
Issues considered
- Whether the Court may allow the petitioner to withdraw the writ petition after a superseding Government Resolution has been issued
- Whether the petitioner should be granted liberty to file a fresh petition concerning the new resolution
Subjects
- writ petition
- withdrawal
- government resolution
- supersession
- civil appellate jurisdiction
- liberty to file fresh petition
Judgment
907 wp2410-26.doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
TRUSHA
TRUSHA
TUSHAR
TUSHAR
MOHITE
CIVIL APPELLATE JURISDICTION
MOHITE Date:
2026.09.03
16:37:31
+0530
WRIT PETITION NO.2410 OF 2026
Matoshri Shantabai Govindrao Sonawane
English Medium School, Andarsul .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
Mr.Devanand Bhosale i/b Mr.Vaibhav D. Kadam, Advocate for the
Petitioner.
Mr.P.P.Kakade, Addl.G.P. a/w Mr.V.G.Badgujar, A.G.P. for the
Respondent State.
Ms.Chaitrali Deshmukh, Advocate for the Respondent No.6
CORAM: R. I. CHAGLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: SEPTEMBER 2, 2026
P. C.
1. The learned counsel for the Petitioner has sought leave to
withdraw the Writ Petition with liberty to file a fresh Petition in view of the
Govrenment Resolution having been issued on 15 th December 2025, which is
in supersession of the Government Resolution dated 16 th October 2025 which
forms the subject matter of the present Petition.
Mohite 1/2
907 wp2410-26.doc
2. In view thereof, leave is granted. Writ Petition No.2410 of 2026
is disposed of as withdrawn with liberty as prayed.
[FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.]
Mohite 2/2
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