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Bombay High Court

AVINASH PRAKASH JADHAVversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR DISTRICT MAGISTRATE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court allowed the motion and corrected the order to state that the writ petitions are disposed of as withdrawn with liberty to file fresh applications on additional or different grounds.

Summary

Petitioners Avinash Prakash Jadhav and Ganesh Swarupchand Jadhav filed writ petitions challenging the rejection of their applications for arms licenses on the basis of crop protection. The High Court initially disposed of both petitions as withdrawn on 4 March 2026, but the petitioners argued that the order failed to record the liberty granted to them to file fresh applications on different grounds. The petitioners moved a speaking‑to‑minutes order to correct this omission. Justice Siddheshwar S. Thombre allowed the motion, amending the order to expressly state that the petitions are withdrawn with liberty to file fresh applications. Consequently, the corrected order was uploaded and the matter stands disposed as withdrawn with the granted liberty.

Issues considered

  • Whether the order dated 04.03.2026 should be corrected to reflect the liberty granted to the petitioners to file fresh applications on additional or different grounds after withdrawal of the writ petitions

Subjects

  • writ petition
  • arms license
  • crop protection
  • withdrawal
  • liberty to file fresh application
  • correction of order

Judgment

2026:BHC-AUG:9282
                   This Order is Speaking to Minutes order of order dated //



                                                                          96 WP No.3962.2023 + 1 (STM)
                                                              -1-

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                      89 WRIT PETITION NO. 3426 OF 2023

                                    AVINASH PRAKASH JADHAV
                                              VERSUS
                  THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                             DISTRICT MAGISTRATE AND ANOTHER
                                                  ...
              Advocate for the Petitioner : Mr. Rajendra N. Chavan
              AGP for Respondents-State : Ms. D. S. Jape
                                                  …
                                                 AND

                                      96 WRIT PETITION NO. 3962 OF 2023

                                GANESH SWARUPCHAND JADHAV
                                              VERSUS
                  THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                             DISTRICT MAGISTRATE AND ANOTHER
                                                  ...
              Advocate for the Petitioner : Mr. Rajendra N. Chavan
              AGP for Respondents-State : Ms. D. S. Jape
                                                  ...
                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                             Date : 10th April, 2026
              PER COURT :-


              1.                This motion for Speaking to the Minutes is moved in

              respect of the common order dated 04.03.2026 passed in the Writ

              Petitions.


              2.                The learned counsel for the Petitioners submits that both

              petitions challenged the rejection of applications for the issuance of
     This Order is Speaking to Minutes order of order dated //



                                                            96 WP No.3962.2023 + 1 (STM)
                                                -2-

Arms Licenses sought on the grounds of crop protection. On

04.03.2026, both matters were disposed of as withdrawn. It is further

submitted that while this Court was pleased to grant the Petitioners

liberty to file fresh applications on additional / different grounds, the

same was inadvertently not reflected in the order dated 04.03.2026.



3.                Accordingly, the said order is corrected as under :-


        “1.            The learned counsel for petitioner, on instructions, seeks
        leave to withdraw the petition with liberty to file fresh application
        on additional / different grounds.


        2.              Accordingly, the writ petitions are disposed of as
        withdrawn, with liberty as aforesaid.”


4.                The motion is allowed in the above terms. Corrected copy

be uploaded.




                                                      (SIDDHESHWAR S. THOMBRE, J.)


Omkar Joshi


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