Bombay High Court

JANA SMALL FINANCE BANK LTD THR AUTHORIZED OFFICER MOHAMMED ABDUL KHALIDversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The petition may be withdrawn with liberty to the petitioner to pursue the matter before the Chief Judicial Magistrate.

Summary

Jana Small Finance Bank Ltd, through its authorized officer, filed a writ petition seeking relief against the State of Maharashtra. The petitioner later moved the Court for leave to withdraw the petition so that an appropriate application could be filed before the Chief Judicial Magistrate, Kolhapur, to enforce an order dated 26 March 2025. The Court considered whether the petition could be withdrawn at the petitioner's request. No substantive merits of the original petition were examined. The Court allowed the withdrawal, granting the petitioner liberty to pursue the matter before the CJM. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition after filing, for the purpose of filing a separate application before a lower court.

Subjects

writ petition
withdrawal
civil procedure
compliance order
jurisdiction

Judgment

2026:BHC-KOL:9303-DB

53-WP-4001-2026.doc

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

WRIT PETITION NO. 4001 OF 2026

Jana Small Finance Bank Ltd Thr Its Authorised ...Petitioner
Officer Mohammed Abdul Khalid
Versus
The State Of Maharashtra And Ors ...Respondents

——————
Mr. Balasaheb Choure (through VC) a/w Ms. Sharvari Tipugade, Mr. Girish
Mujumdar, for the Petitioner.
Ms. T.J.Kapre, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : SEPTEMBER 28, 2026
P. C. :

1. Learned counsel for the Petitioner, on instructions, seeks leave to

withdraw the Petition to file an appropriate application with the Chief

Judicial Magistrate, District and Sessions Court, Kolhapur (“CJM”), for

seeking compliance of the order dated 26 th March, 2025. The Petition is

disposed of as withdrawn with liberty as prayed.

2. It is expected that upon such an application being filed, the CJM

would take expeditious steps in deciding the application.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Arya Chavan 1 of 1

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