Bombay High Court

ABARAO HARIBA MADJEversusTHE ADDITIONAL COMMISSIONER AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The petition was disposed of with liberty to the petitioner to avail an alternate remedy.

Summary

The petitioner, Abarao Hariba Madje, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the Additional Commissioner and others. The petitioner, through counsel, later requested permission to withdraw the writ petition, stating an intention to pursue an alternate remedy before the State Government. The Court considered whether such withdrawal could be permitted and whether the time spent on the petition would affect the limitation period for the alternate remedy. The Court held that the petitioner could be allowed to withdraw the petition with liberty to approach the State Government. Consequently, the writ petition was disposed of, and the period spent on it was to be counted towards the limitation period for any subsequent action.

Issues considered

Whether a writ petition may be withdrawn with liberty to pursue an alternate remedy before the State Government

Subjects

writ petition
withdrawal
alternate remedy
limitation period
high court order

Judgment

2026:BHC-AUG:18961
913-WP-3549-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 3549 OF 2026

Abarao Hariba Madje
VERSUS
The Additional Commissioner And Others
...
Mr. Tukaram Maruti Venjane, Advocate for the Petitioner
Mr. S. P. Joshi, AGP for Respondents
***
CORAM : S. G. CHAPALGAONKAR, J
DATE : APRIL 28, 2026

PC :

1. The learned Advocate appearing for Petitioner, on instructions, seeks

permission to withdraw Writ Petition with liberty to avail alternate remedy before

State Government.

2. The Writ Petition stands disposed of with liberty as prayed.

3. Needless to mention that time spent in prosecuting present Writ

Petition shall be considered while computing period of limitation.

(S. G. CHAPALGAONKAR, J.)
Umesh

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