Bombay High Court

GAJENDRA BABULAL JAGTAPversusTHE HONOURABLE SECRETARY REVENUE AND FORESF DEPT.

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as withdrawn, with liberty to the petitioner to institute fresh civil proceedings.

Summary

The petitioner, Gajendra Babulal Jagtap, filed a writ petition before the Bombay High Court challenging actions of the Secretary, Revenue and Forest Department. The Court observed that the petition raised disputed questions of fact, which are not suitable for adjudication under writ jurisdiction. The Amicus Curiae suggested that the petition be treated as withdrawn, allowing the petitioner to pursue fresh proceedings in a competent civil court. The Court accepted this recommendation and dismissed the writ petition as withdrawn. The petitioner was granted liberty to institute fresh civil proceedings in accordance with law.

Issues considered

Whether a writ petition can be entertained when it involves disputed questions of fact

Subjects

writ jurisdiction
factual dispute
civil court
withdrawn petition
high court

Judgment

                                                                                909-WP.4130.2026.doc

        Salunke
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 4130 OF 2026

                      Gajendra Babulal Jagtap                 }    Petitioner
                           Versus
                      The Hon’ble Secretary, Revenue and      }
                      Forest Department & Anr.                }    Respondents


                      Ms. Naira Jejeebhoy, Amicus Curiae.

                      Ms. Neha S. Bhide, Government Pleader with Mr. O. A.
                      Chandurkar, Additional Government Pleader and Ms. G.
                      R. Raghuwnashi, AGP for Respondent Nos. 1 & 2.


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

                                   DATE     : 24th SEPTEMBER, 2026

                      P.C.:
                      1.      After arguing the matter for some time, when we declined to
                      entertain the Writ Petition as there appears disputed questions of
                      fact which cannot be adverted by this Court in writ jurisdiction, the
                      learned Amicus Curiae fairly submits that the instant Writ Petition
                      be disposed as withdrawn with liberty to the Petitioner to institute
                      fresh proceedings before the Competent Civil Court in accordance
                      with law.

                      2.      In view of the aforesaid, the Writ Petition is Dismissed as
                      withdrawn with the aforesaid liberty.

JAYANT
VISHWANATH
SALUNKE

Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.24
15:04:15 +0530             [ADVAIT M. SETHNA, J.]                     [CHIEF JUSTICE]



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G R Raghuwnashi