Bombay High Court

SHRI. SHAMRAO BALWANT DESHMUKHversusTHE STATE OF MAHARASHTRA, THROUGH REVENUE AND REHABILITATION DEPT AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Shri Shamrao Balwant Deshmukh, had filed a writ petition before the Bombay High Court. During the proceedings, counsel informed the Court that the petitioner had died and his legal heirs communicated that the dispute with the State of Maharashtra had been settled during the petitioner's lifetime. A communication dated 22 August 2026 from the heirs was placed on record. The petitioner’s counsel sought leave to withdraw the petition on this basis. The Court granted leave to withdraw and dismissed the petition as withdrawn.

Issues considered

Whether a writ petition can be withdrawn after the death of the petitioner and settlement of the dispute by the legal heirs

Subjects

writ petition
withdrawal
death of petitioner
settlement
civil procedure

Judgment

                                                          904-WP-4297-2013 (C).doc




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

                  WRIT PETITION NO. 4297 OF 2013

Shri. Shamrao Balwant Deshmukh                        ..… Petitioner
      VERSUS
State of Maharashtra And Ors                          ..… Respondents
                                   ...
Mr. Shivaji Kokare i/by Mr. Vishwanath S. Talkute, Advocate for
Petitioner.
Mr. Atul P. Vanarase, AGP for Respondent-State.
                                   ...
                                CORAM : RAJESH S. PATIL AND
                                         ABHAY J. MANTRI, JJ.
                                DATE : 2 SEPTEMBER 2026.
P. C. :

1.         Mr. Kokare, learned Counsel appearing for the Petitioner,

submits that the Petitioner passed away long back and the legal heirs of

the Petitioner have informed him that the cause of action does not

survive. He has placed on record a communication dated 22 August,

2026, addressed to him by the legal heirs of the Petitioner, informing

him that the dispute between the Petitioner and the Respondent had

been settled during the lifetime of the Petitioner. Therefore, the Petition

is not required to be prosecuted further. The said communication dated

22 August, 2026 is taken on record and marked “X1” for identification

purpose.


Shubham                           1
                                                            904-WP-4297-2013 (C).doc




 2.        Hence, he seeks leave to withdraw the present Petition. Leave, as

 prayed for, is granted.



 3.        The Petition stands dismissed as withdrawn.




           (ABHAY J. MANTRI, J.)                  (RAJESH S. PATIL, J.)



            Digitally
            signed by
            TALLE
TALLE       SHUBHAM
SHUBHAM     ASHOKRAO
ASHOKRAO    Date:
            2026.09.03
            14:39:17
            +0530




 Shubham                              2

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