Bombay High Court

SEVA CO-OPERATIVE HOUSING SOCIETY (PROPOSED) AND 32 OTHERSversusTHE STATE OF MAHARASHTRA AND 6 OTHERS

Decided: 19 August 2026
Disposal: DISPOSED OFF

Holding

The petition is disposed after permitting its withdrawal, with liberty to file a fresh petition.

Summary

The Seva Co-operative Housing Society and others filed a writ petition before the Bombay High Court. The petitioners sought to withdraw the petition, requesting liberty to make representations to the authority if needed. The Court allowed the withdrawal, expressly stating that it had not examined any merits and that all contentions remain open. It also granted liberty to file a fresh petition in the future. Consequently, the writ petition was disposed of without any substantive adjudication.

Issues considered

Whether the writ petition may be withdrawn by the petitioners
Whether the petitioners may be granted liberty to file a fresh petition

Subjects

withdrawal of writ petition
civil procedure
high court order
disposal without merits

Judgment

                                                       33L. WP 447-2020.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                       WRIT PETITION NO.447 OF 2020

Seva Co-operative Housing Society
(Proposed) And 3 Ors.                   …. Petitioners
         Versus
The State of Maharashtra & Ors.         …    Respondents
                                  …..
Mr. Jayesh Bhatt a/w Adv. Nazreen Manchekar for the Petitioners.
Adv. Shivani Samel for Respondent Nos.1 and 2.
Mr. Anoop Patil a/w Mr. Darpan Gupta and Ms. Kasturi Marathe for
Respondent Nos.6 and 7-SRA.
Smt. Jyoti Chavan, Addl.G.P. for Respondent-State.
                                  …..
                             CORAM: M.S. KARNIK &
                                      SANDESH D. PATIL, JJ.

                                 DATED : 19th AUGUST 2026
P.C.

1.            The learned Counsel for the Petitioners fairly submits on

instructions that he may be permitted to withdraw the Petition, with

liberty to the Petitioners to make representation to the Authority, if

necessary.


2.         It is made clear that we have not examined the contentions

raised in the Writ Petition on merits and all the contentions of the

parties are kept open.


RaJesh Chittewan, PS                                                     1/2
                                                                33L. WP 447-2020.doc

3.        Liberty to file a fresh Petition is also kept open.


4.        The Writ Petition stands disposed of.




(SANDESH D. PATIL, J.)                              (M.S. KARNIK, J.)




RaJesh Chittewan, PS                                                              2/2
                Digitally signed
 RAJESH         by RAJESH
                VASANT
 VASANT         CHITTEWAN
 CHITTEWAN      Date: 2026.08.21
                16:28:21 +0530

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Shivani Samel