Bombay High Court

SHIVAJI PRABHU JAGTAP AND OTHERSversusTHE STATA OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The petition is withdrawn and the writ petition is disposed of as withdrawn.

Summary

The petitioners filed Writ Petition No. 4120 of 2014 before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. During the proceedings, counsel for the petitioners sought the Court's permission to withdraw the petition, citing the availability of an alternate remedy. The Court entertained the request and also considered the time already spent in prosecuting the petition. It directed the concerned authority to take into account the time consumed in the petition's prosecution when deciding the matter on its merits. Consequently, the Court ordered that the petition be treated as withdrawn. The writ petition was therefore disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn when an alternate remedy is available
Whether the time spent in prosecuting the petition should be considered by the authority

Subjects

writ petition
withdrawal
alternate remedy
procedural law
high court

Judgment

2026:BHC-AUG:27682



                                                                  52 WP4120.2014
                                              -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            52 WRIT PETITION NO. 4120 OF 2014
                         SHIVAJI PRABHU JAGTAP AND OTHERS
                                            VERSUS
                       THE STATA OF MAHARASHTRA AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. Khade Kishor D.
              AGP for Respondent/State: Mr. B. V. Virdhe
              Advocate for Respondent No.6 : Mr. Bangar Nilkanth P.
                                               ...
                                         CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 10.07.2026
              PER COURT :-

              1.           When confronted with the availability of alternate

              remedy the learned counsel for the Petitioners seeks permission

              to withdraw the Petition, however, further request is made to

              consider time consumed in prosecuting the present Petition.


              2.           The concerned authority shall take in to account the

              time spent in prosecuting the present petition and decide the

              matter on it’s own merits.


              3.           With the aforesaid observations, the Writ Petition is

              disposed of as withdrawn.




                                                    (SACHIN S. DESHMUKH, J.)
              marathe

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