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Bombay High Court

BHARAT ANANDversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed To be withdrawn

Holding

The writ petition is allowed to be withdrawn with liberty to the petitioners to avail of the alternate remedy.

Summary

Petitioner Bharat Anand filed a writ petition challenging an order dated 11 September 2025 passed by the 6th Joint Civil Judge, Senior Division, Belapur, Navi Mumbai in SCC No.9455 of 2024. The petitioner sought to withdraw the writ petition, contending that an alternate legal remedy was available to challenge the order. The High Court allowed the withdrawal, granting the petitioners liberty to pursue the alternate remedy and expressly keeping all parties' contentions open. The court clarified that the withdrawal does not prejudice any substantive rights. Consequently, the writ petition was disposed of.

Issues considered

  • Whether a writ petition may be withdrawn when an alternate remedy is available to the petitioner
  • Whether the court can permit withdrawal without prejudice to the parties' contentions

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • civil procedure
  • jurisdiction
  • high court

Judgment

                                                                             228.WP-4313.26.DOC




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               Digitally signed
               by PRACHI
PRACHI
PRANESH
               PRANESH
               NANDIWADEKAR
                                         CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
               Date: 2026.09.02
               11:51:30 +0530              WRIT PETITION NO. 4313 OF 2026

                       Bharat Anand                                       … Petitioner
                       V/s.
                       State of Maharashtra & Anr.                        …. Respondents
                                                    ______________________

                       Mr. Pratik Thakkar a/w Mr. Yashovardhan Deshmukh i/by
                       Khaitan & Co., for the Petitioner.
                       Ms. M. R. Tidke, APP for the Respondent-State.


                                                    ______________________

                                                    CORAM : MADHAV J. JAMDAR, J.
                                                    DATED : 1 SEPTEMBER 2026
                       P. C. :-

                       1.         Mentioned out of turn.



                       2.         Mr. Thakkar, learned counsel appearing for the Petitioner

                       seeks leave to withdraw the writ petition as an alternate remedy is

                       available to the Petitioners to challenge the order dated 11

                       September 2025 passed by the learned 6th Joint Civil Judge, Senior

                       Division, Belapur, Navi Mumbai , below Exhibit 1 in SCC No.9455

                       of 2024.




                                                           Page 1
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                                                     228.WP-4313.26.DOC




3.    In view of the above, the writ petition is allowed to be

withdrawn with liberty to the Petitioners to avail of the alternate

remedy in accordance with the law.



4.    It is clarified that all contentions of the parties are expressly

kept open.



5.    The writ petition is disposed of in the above terms.




                                           [MADHAV J. JAMDAR, J.]




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