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Bombay High Court

MOHAMMAD RAFIQUE IBRAHIM TAMBEversusTHE STATE OF MAHARASHTRA THROUGH THE DEPARTMENT OF URBAN DEVELOPMENT

Decided
Disposal
DISPOSED OFF

Holding

The writ petition is dismissed as withdrawn because the underlying proceedings have been concluded.

Summary

The petitioner, Mohammad Rafique Ibrahim Tambe, filed a writ petition challenging a decision made under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The Respondent State of Maharashtra submitted that the underlying proceedings had already been withdrawn and a final order dated 15‑07‑2026 had been passed, leaving no issue for the court to consider. The petitioner sought liberty to withdraw the writ petition and to file fresh proceedings if necessary. The Court noted that the petitioner had an alternative efficacious remedy and that the matter was already concluded. Consequently, the Court dismissed the writ petition as withdrawn without addressing its merits.

Issues considered

  • Whether a writ petition can be entertained when the underlying proceedings under the Street Vendors Act have been withdrawn and a final order passed
  • Whether the petitioner is entitled to a fresh remedy after withdrawal of the writ petition

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • Street Vendors Act
  • maintainability
  • jurisdiction

Judgment

                                                                                           16-wp-3577-26.doc

   INGALE

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       ORDINARY ORIGINAL CIVIL JURISDICTION
           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.09.17
           21:28:57
                                             WRIT PETITION NO. 3577 OF 2026
           +0530




                              Mohammad Rafique Ibrahim Tambe                       ...Petitioner
                                   Versus
                              The State of Maharashtra and ors.                    ...Respondents
                                                               ...
                              Mr. Akshay R. Kapadia, for the Petitioner.
                              Mr. Suraj Gupte, AGP for the Respondent No.1-State.
                                                               ...

                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ.
                                                  & ADVAIT M. SETHNA, J.

                                              DATE : 16th SEPTEMBER, 2026


                              P.C.:
                              1.        The learned AGP for the Respondent No.1 on the

                              instructions    submits   that    the   proceedings       have        been

                              withdrawn under the Street Vendors (Protection of Livelihood

                              and Regulation of Street Vending) Act, 2014.            A notice has

                              been issued on the Respondents which has been responded

                              and later on, final order has been already passed on

                              15/07/2026.      The same is not challenged in the instant

                              proceedings,    even   though    the    Petitioner     has     alternate

                              efficacious remedy to challenge the same before appropriate

                              forum.   As such nothing survives in the matter, the Writ


                                                                1
                                                              16-wp-3577-26.doc


Petition is devoid of merit and is liable to be dismissed.

2.   Confronted with the situation, learned counsel for the

Petitioner submits that liberty be granted to the Petitioner to

withdraw    this   Petition   with   leave   to   institute      a    fresh

proceedings in accordance with law.


3.   With the aforesaid leave, the instant Writ Petition stands

Dismissed as withdrawn. We clarify that we have not adverted

on the merits of the matter.




[ADVAIT M. SETHNA, J.]                            [CHIEF JUSTICE]




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