Bombay High Court

SUBHASH MAHADEO SATHEversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS.

Decided: 13 January 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

The petition may be withdrawn if such liberty is available under law to the petitioner.

Summary

Petitioner Subhash Mahadeo Sathe filed a writ petition seeking relief against the State of Maharashtra and others. The petitioner later moved the court requesting permission to withdraw the petition and to pursue any other appropriate remedy. The respondents opposed the withdrawal. The Court examined whether a petitioner can be allowed to withdraw a writ petition under the law. It held that the petition may be withdrawn if such liberty is available to the petitioner, and accordingly ordered the petition to be withdrawn and disposed of, leaving all other contentions open.

Issues considered

Whether the petitioner is entitled to withdraw the writ petition under law

Subjects

writ petition
withdrawal
civil appellate jurisdiction
petition disposal
legal remedy

Judgment

                                                          1/1                        11-WP-3805-18.odt

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.3805 OF 2018

                         Subhash Mahadeo Sathe                                .... Petitioner
                                    versus
                         The State of Maharashtra & Ors.                      .... Respondents
                                                      …....

                         •     Mr. Nitin P. Deshpande a/w Ms.Anjali Shinde a/w Ms. Rachana
                               Harpale a/w Mr. Santosh Kurade, Advocate for Petitioner.
                         •     Mr. A. I. Patel, Addl. G P., a/w Smt. M. S. Bane, AGP, for
                               Respondent Nos.1 to 4.

                                                 CORAM       : SARANG V. KOTWAL &
                                                               SANDESH D. PATIL, JJ.
                                                 DATE        : 13th JANUARY, 2026

                         P.C. :


                         1.             Learned counsel for the Petitioner seeks permission to

                              withdraw this Petition with prayer to take appropriate steps in

                              accordance with law for pursuing any other remedy than

                              pursuing this Petition.


                         2.             The Petition is allowed to be withdrawn with such

                              liberty, if it is available in accordance with law to the Petitioner.


                         3.             With these observations, the Petition is disposed of.


                         4.             All the contentions are left open.
MANUSHREE
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
Date: 2026.01.16
13:06:09 +0530                     (SANDESH D. PATIL, J.)                (SARANG V. KOTWAL, J.)

             Nesarikar

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