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Bombay High Court

KALPANA SURESHRAO KORADEversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the writ petitions, granting the petitioners liberty to seek an alternate remedy.

Summary

Petitioners Kalpana Sureshrao Korade and Savita Balwant Pharande filed writ petitions before the Bombay High Court, Kolhapur Bench, challenging actions of the State of Maharashtra. The Court, after hearing counsel, indicated it was not inclined to grant the relief sought. The petitioners then requested permission to withdraw both petitions, stating they would pursue an election petition or any other remedy available under law. The Court considered the request and, noting the petitioners' desire to seek an alternate remedy, allowed the withdrawal. Consequently, both writ petitions were disposed of as withdrawn, with liberty granted to the petitioners to approach the appropriate forum for their grievance.

Issues considered

  • Whether the High Court may permit withdrawal of a writ petition after hearing and with liberty to pursue an alternate remedy

Subjects

  • writ petition
  • withdrawal
  • alternate remedy
  • election petition
  • civil appellate jurisdiction
  • High Court

Judgment

2026:BHC-KOL:8673




                                                1                95 & 96 WP-4412-2026.odt

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

                                 WRIT PETITION NO. 4412 OF 2026

                          Kalpana Sureshrao Korade                   ...Petitioner

                                                 VERSUS

                          The State of Maharashtra Through
                          Its Secretary and others                   ...Respondents

                                             AND
                                 WRIT PETITION NO. 4413 OF 2026

                          Savita Balwant Pharande                    ...Petitioner
                                                VERSUS
                          The State of Maharashtra Through
                          Its Secretary and others                   ...Respondents

                    Shri Ramesh Badi, Advocate for the Petitioner in both matters.
                    Shri Sanjay D. Rayrikar, A.G.P. for the Respondent Nos. 1 and 2
                    in W. P. No. 4412 of 2026.
                    Shri J. P. Patil, A.G.P. for the Respondent Nos. 1, 2 and 4 in W. P.
                    No. 4413 of 2026.
                    Shri Ruturaj P. Pawar, Advocate for the Respondent Nos. 3 and 4
                    in both matters.
                    Shri Unmesh R. Jamadar, Advocate for the Respondent No. 5 in
                    both matters.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 08TH SEPTEMBER, 2026.

                    FINAL ORDER :


                    .     After hearing for some time to the learned counsel for the
                    petitioner, when this Court expressed disinclination to grant any
                    relief to the petitioner, learned counsel for the petitioner on
                           2                95 & 96 WP-4412-2026.odt

instructions seeks leave to withdraw both the petitions with
liberty to avail alternate remedy of election petition or remedy as
is permissible in law.


2.    The writ petitions are disposed of as withdrawn with
liberty as sought for.

                               [ SHAILESH P. BRAHME J. ]


bsb/Sept. 26


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