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Bombay High Court

APPASAHEB NALAWADE GADHINGLAJ TALUKA SAHAKARI SAKHAR KARKHANA LTD. THRUGH CHAIRMAN SHRI. S D SHINDEversusSTATE OF MAHARASHTRA THROUGH THE SECRETARY, DEPT. OF CO-OPERATION AND ORS

Disposal
Disposed Off

Holding

The petition is disposed of as withdrawn with liberty to adopt appropriate proceedings, without adjudicating the merits.

Summary

The petitioner, Appasaheb Nalawade Sakhar Karkhana Ltd., filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra and others. During the proceedings, the petitioner's counsel requested permission to withdraw the petition, stating an intention to pursue appropriate alternative proceedings. The Court granted the request, ordering the petition to be disposed of as withdrawn with liberty to adopt other suitable proceedings. The judges expressly clarified that the merits of the case were not examined. Consequently, all rights and contentions of the petitioner remain open for future litigation.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition with liberty to pursue alternative proceedings

Subjects

  • withdrawal of petition
  • writ petition
  • procedural law
  • civil appellate jurisdiction
  • high court

Judgment

2026:BHC-KOL:9255-DB

                                                                         8-WP-3775-2022(C).doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 3775 OF 2022

               Appasaheb Nalawade Gadhinglaj Taluka Sahakari               ...Petitioner
               Sakhar Karkhana Ltd.
               Through Chairman Shri. S D Shinde
                         Versus
               The State of Maharashtra and Others                         ...Respondents
                                                 ——————
               Mr. Bhooshan R. Mandlik a/w Mr. Shivam Walekar and Ms. Sameeta Jankar, for
               the Petitioner.
               Ms. Tejas J. Kapre, AGP for the Respondent-State.
                                               ——————
                                                 Coram : Sharmila U. Deshmukh &
                                                          Neeraj P. Dhote, JJ.
                                                   Date      : September 28, 2026.
               P. C. :

               1.        Learned counsel appearing for the Petitioner, on instructions,

               seeks permission to withdraw the Petition with liberty to adopt

               appropriate proceedings.

               2.        The Petition is disposed of as withdrawn with liberty as prayed.

               3.        It is made clear that this Court has not gone into the merits of the

               matter and as such all rights and contentions are expressly kept open.




                [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




               Jamadar - SL                         1 of 1


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