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Bombay High Court

SYED MUSHTAQUE ALI SYED SHOUKAT ALIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the withdrawal of the writ petition and disposed of it as withdrawn.

Summary

The petitioner, Syed Mushtaque Ali, filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra. After hearing, the petitioner sought permission to withdraw the petition and to file a fresh application before the authorities. The Court examined whether it could permit the withdrawal without prejudice to the petitioner’s right to approach the authorities. Finding no impediment, the Court allowed the withdrawal and directed that the petition be disposed of as withdrawn. The Court further stated that the petitioner remains free to make a fresh application to the appropriate authorities.

Issues considered

  • Whether the High Court can permit the withdrawal of a writ petition after hearing on merits
  • Whether the petitioner can approach the authorities afresh without Court’s further intervention

Subjects

  • writ petition
  • withdrawal
  • high court
  • procedural law
  • petition disposed

Judgment

2026:BHC-AUG:41084-DB

                                                                             925-WP.3355.2016.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 925 WRIT PETITION NO. 3355 OF 2016

                                Syed Mushtaque Ali Syed Shoukat Ali
                                               VERSUS
                                The State of Maharashtra And Others
                                                  ...
                Mr. R. R. Shaikh, Advocate for the Petitioner.
                Mr. K. N. Lokhande, AGP for the Respondents.
                                                  ...

                                                  CORAM : KISHORE C. SANT &
                                                          JITENDRA JAIN, JJ.
                                                  DATE     : 4th SEPTEMBER, 2026

                PER COURT :

                1.       After arguing the matter for some time and being apprised of

                the view of this Court on merits, the learned advocate for the

                petitioner seeks permission to withdraw the writ petition with liberty

                to make an appropriate application afresh before the authorities. We

                find no reason why such an application cannot be entertained by the

                authorities without leave of the Court. However, if the petitioner is

                willing to make any such application, this Court cannot preclude the

                petitioner from doing so.

                2.       Writ Petition stands disposed off as withdrawn.

                3.       It is open for the petitioner to make an appropriate application

                before the authorities, if so advised.


                 (JITENDRA JAIN, J.)                            (KISHORE C. SANT, J.)

                Sayyed                                                                              1/1


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