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Bombay High Court

IMRANKHAN NASEER KHANversusTHE OFFICE OF SUPERINTENDENT CITY SURVEY AND LAND RECORDS

Decided
Disposal
DISPOSED OFF

Holding

The court disposed of the writ petition as withdrawn, without addressing the merits.

Summary

The petitioner, Imrankhan Naseer Khan, alleged that a writ petition filed in his name was done without his consent, claiming that another individual, Ameer Wazir Ahmed Shaikh, had approached the advocate to file it. The advocate, upon learning of the complaint, discovered confusion over the instructions given and noted that the petition was defective. The advocate sought to withdraw the writ petition to avoid proceeding with a defective filing. The High Court disposed of the petition as withdrawn, expressly refraining from commenting on the statements of the parties or the merits of the underlying grievance. The court reserved the petitioner’s right to file a properly instituted writ petition in the future.

Issues considered

  • Whether a writ petition filed without the petitioner’s consent is maintainable.
  • Whether the court can dispose of a writ petition on the ground of withdrawal by the filing advocate.

Subjects

  • writ petition
  • withdrawal
  • defective petition
  • authority to file
  • high court
  • civil procedure

Judgment

                                   bipin prithiani
                                                                    1
                                                                                         4-wp-3527.26.doc

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                                 WRIT PETITION NO. 3527 OF 2026
                                   Imrankhan Naseer Khan                        …    Petitioner
                                          Versus
                                   The Office of Superintendent, City Survey
                                   and Land Records & Ors.                      …    Respondents
                                                                ******
                                   Ms. Shashikala B. Vardhamane for Petitioner.
                                   Mr. Suraj Gupte, AGP for Respondent Nos.1, 3, 4 and 6-State.
                                                                ******
                                                          CORAM : MANISH PITALE AND
                                                                      SHREERAM V. SHIRSAT, JJ.
                                                          DATE      : 31st AUGUST 2026
                                   P.C. :
                                   .         The learned Advocate representing the petitioner has
                                   brought to the notice of this Court peculiar circumstances. She
                                   filed this petition for the petitioner named Imrankhan Naseer
                                   Khan.

                                   2.        Thereafter, she received a complaint from the said
             Digitally signed by
BIPIN        BIPIN DHARMENDER
DHARMENDER   PRITHIANI
PRITHIANI    Date: 2026.08.31
             17:52:42 +0530




                                   Imrankhan Nasser Khan, stating that he had never approached her
                                   for filing the writ petition. It was stated that one Ameer Wazir
                                   Ahmed Shaikh had approached her for filing of the petition and
                                   the petition appears to have been filed in the name of Imrankhan
                                   Naseer Khan. Along with the complaint, copies of Aadhar Card
                                   and Pan Card of Imrankhan Naseer Khan were annexed.

                                   3.        Thereupon, when the Advocate contacted the person, who
                                   had reached out to her for preparing and filing of the writ
                                   petition, it came to light that the said Ameer Wazir Ahmed Shaikh
                                   and Imrankhan Naseer Khan know each other and that there was
bipin prithiani
                                     2
                                                             4-wp-3527.26.doc

some confusion with regard to the instructions given to the
Advocate for filing the said writ petition. The learned Advocate
has also brought to the notice of this Court the response by Mr.
Ameer Wazir Ahmed Shaikh. In the complaint lodged by
Imrankhan Naseer Khan there does not appear to be a direct
allegation made against the said Ameer Wazir Ahmed Shaikh.

4.        Be that as it may, the petition appears to be defective on
account of the said facts brought to the notice of this Court. In
this backdrop, the Advocate who had filed this petition, seeks
withdrawal of the writ petition, so that such a defective petition is
not proceeded with.

5.        In view of the above, the petition is disposed of as
withdrawn.

6.        This Court is not commenting on the statements made by
Imrankhan Naseer Khan and Ameer Wazir Ahmed Shaikh, while
interacting with the Advocate, who filed this writ petition.

7.        In the interest of justice, liberty is reserved for Imrankhan
Naseer Khan to file a properly instituted writ petition in this
Court, for raising the grievance highlighted in this writ petition.

8.        This Court has not expressed any opinion on the merits of
the matter.

9.        All rights and contentions of the parties are kept open.



  (SHREERAM V. SHIRSAT, J.)                     (MANISH PITALE, J.)


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