Bombay High Court

MR. MAHENDRA JAGGANATH TAREversusHON. VICE PRESIDENT OF MHADA AND ORS

Decided: 6 August 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The Court allowed the interim application and permitted the petitioner to withdraw the writ petition with liberty to re‑file, disposing of both the interim application and the writ petition.

Summary

Mahendra Jagganath Tare filed a writ petition (No. 3324 of 2024) against the Vice President of MHADA and other respondents seeking relief. An interim application was filed seeking a specific relief under prayer clause (a). The High Court examined whether the interim relief should be granted and whether the petitioner could be allowed to withdraw the writ petition and re‑file with better particulars. The Court found no impediment to granting the interim relief and permitted the withdrawal of the writ petition with liberty to re‑file. Consequently, the interim application was allowed and the writ petition was withdrawn, leading to the disposal of both matters.

Issues considered

Whether the interim application seeking relief under prayer clause (a) should be allowed
Whether the petitioner may be permitted to withdraw the writ petition and re‑file with better particulars

Subjects

interim relief
writ petition
withdrawal
procedural law
MHADA
BMC

Judgment

                                                                                901-ia 5202-26.doc
ARJUN
MACHHINDRA                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KADAM
                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
ARJUN MACHHINDRA
KADAM                               INTERIM APPLICATION NO. 5202 OF 2026
Date: 2026.08.06
18:36:37 +0530                                      IN
                                       WRIT PETITION NO. 3324 OF 2024

                 Mr. Mahendra Jagganath Tare                                   … Applicant
                         Versus
                 Hon. Vice President of MHADA & Ors.                           ... Respondents

                                           __________________________

                 Mr. Archit G. Manurkar a/w. Ms. Pooja Mhatre for the Applicant.
                 Mr. P. G. Lad for the Respondent-MHADA.
                 Mr. D. R. Kawale for the Respondent-BMC.
                 Mr. Viraj Jadhav for Respondent No.7.
                                         __________________________

                                                   CORAM        : M. S. KARNIK AND
                                                                  S. M. MODAK, JJ.
                                                   DATED        : 6th AUGUST, 2026.

                 P.C. :

                 1.       For the reasons mentioned in the application, the Interim Application

                 is allowed in terms of prayer clause (a). Consequently, the Writ Petition is

                 allowed to be withdrawn with liberty to file afresh with better particulars.

                 2.       Interim Application as well as the Writ Petition are disposed of.




                 (S. M. MODAK, J.)                                           (M. S. KARNIK, J.)




                  Amk                                                                     1/1

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