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- Allowed To be withdrawn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The writ petition is allowed to be withdrawn with liberty to the petitioners to avail of the alternate remedy.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- Whether a writ petition may be withdrawn when an alternate remedy is available to the petitioner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.
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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withdrawn with liberty to the Petitioners to avail of the alternate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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