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Bombay High Court

VINAYAK SHIVRAM INGALEversusSTATE OF MAHARASHTRA THRU. A) THE DIRECTOR, BDD CHAWL, B) THE MANAGER, BDD CHAWL

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed of as withdrawn, with liberty to institute fresh proceedings challenging the tenancy transfer order.

Summary

The petitioner, Vinayak Shivram Ingale, filed a writ petition seeking transfer of a tenancy in his name. The State transferred the tenancy on 26 September 2025 to Mr. Pramod Prakash Ingle and Ms. Kalpana Prakash Ingle based on heirship rights. The petitioner later sought to withdraw the petition, requesting liberty to file fresh proceedings challenging the transfer order, alleging it to be non est. The Court held that the petition could be withdrawn and granted liberty to institute fresh proceedings, noting that the challenge to the transfer order could be tested in appropriate proceedings with the transferees impleaded. Consequently, the petition was disposed of as withdrawn with liberty as prayed.

Issues considered

  • Whether the petitioner may withdraw the writ petition and obtain liberty to institute fresh proceedings challenging the tenancy transfer order
  • Whether the order transferring tenancy on the basis of heirship rights is non est and can be contested in a separate suit

Subjects

  • tenancy
  • transfer of tenancy
  • heirship rights
  • withdrawal of writ petition
  • non est order
  • fresh proceedings

Judgment

        Digitally
        signed by
        NISHA
NISHA   SANDEEP                                                              3-wp.2874.2023.doc
SANDEEP CHITNIS
CHITNIS Date:
        2026.10.08           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        16:17:54
        +0530                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                    WRIT PETITION NO.2874 OF 2023

                    Vinayak Shivram Ingale                         … Petitioner
                          Versus
                    State of Maharashtra and Anr.                  ...Respondents

                    Mr. Sushil Chaurasia i/b SKC Legal for the Petitioner.

                    Ms. Anjali Helekar, G.P. with Mr. Manish Upadhye, A.G.P. for the
                    Respondents-State.

                                                 CORAM: BHARATI DANGRE &
                                                       ASHISH S. CHAVAN, JJ.

                                               DATE    : 7th OCTOBER 2026
                    P.C. :

                    1.         In the wake of the affidavit-in-reply filed by the State,

                    reflecting that the Tenancy which the petitioner sought to have

                    transferred in his name has further shifted hands, the learned counsel

                    for the petitioner seeks permission to withdraw the Writ Petition, with

                    liberty to institute fresh proceedings challenging the order dated 26 th

                    September 2025, whereby the Tenancy was transferred, on the basis of

                    heirship rights, in favour of Mr. Pramod Prakash Ingle and

                    Ms. Kalpana Prakash Ingle.


    N. S. Chitnis                                                                          1/2
                                                                       3-wp.2874.2023.doc




                             Though the learned counsel for the petitioner submits that

                the said order is non est, in our view, this submission can be tested

                upon the appropriate proceedings being filed, with the aforesaid

                persons being impleaded as respondents to the proceedings.

                             The Petition stands disposed of as withdrawn, with liberty

                as prayed.



                ASHISH S. CHAVAN, J.                       BHARATI DANGRE, J.




N. S. Chitnis                                                                        2/2


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