Bombay High Court

VIKRAMSINHA BALASAHEB SAWANTversusSTATE OF MAHARASHTRA THR. DEPT. OF CO-OPERATION AND TEXTILES AND ORS.

Disposal: Disposed off as Withdrawn

Holding

The Court held that the petitioner may be granted liberty to withdraw the writ petition and simultaneously retain the right to challenge the order on all grounds.

Summary

Petitioner Uday Shivaji Jagtap filed a writ petition before the Bombay High Court challenging orders of the State of Maharashtra and others. The Court initially expressed disinclination to grant the relief sought. The petitioner then applied for liberty to withdraw the writ petition while preserving the right to contest the impugned order, particularly concerning objections to respondent No.5’s representation and his candidature in an election. The Court granted the petitioner's request, allowing withdrawal of the petition and permitting a future challenge on all grounds, including the election candidature issue. Consequently, the writ petition was disposed of with the liberty sought by the petitioner.

Issues considered

Whether a petitioner may withdraw a writ petition while retaining the right to challenge the impugned order.
Whether objections to a respondent's representation and candidature in an election should remain open after withdrawal.

Subjects

writ petition
withdrawal
liberty to challenge
election
representation
civil appellate jurisdiction
High Court of Bombay

Judgment

904-WP-4552-2026=.doc

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

WRIT PETITION NO. 4552 OF 2026
Digitally
signed by Vikramsinha Balasaheb Sawant … Petitioner
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP Vs.
JAGTAP Date:
2026.09.12
16:23:41 State Of Maharashtra Thr. Dept. Of Co-operation And … Respondents
+0530
Textiles and Ors.

………….
Mr. Surel Shah, Senior Advocate i/b Mr. Ishaan Kapse for the Petitioner
Mr. Ruturaj P. Pawar for Respondent No.2.
Mr. Manoj A. Patil a/w Ankita D. Mali for Respondent No.3.
Mr. Santosh A. Jadhav, ‘B’ Panel Counsel for Respondent Nos. 1 and 6 –
State.
………….
CORAM : SHAILESH P. BRAHME, J.

DATE : 10th SEPTEMBER, 2026.
P. C. :

. After hearing for some time, when this Court expressed its

disinclination to grant the relief, learned Senior Counsel Mr. Surel Shah

representing the petitioner seeks leave to withdraw the Writ Petition with

liberty to challenge the impugned order as is permissible in law.

2. It is brought to my notice by the learned Senior Counsel that the

objections against respondent no.5 for his representation of the

respondent no.4 - member society as well as his candidature to contest

the election be kept open.

Uday S. Jagtap 1 of 2
904-WP-4552-2026=.doc

3. The petitioner has been given liberty to avail the remedy as is

permissible in law which would contemplate the challenge on all the

grounds including future candidature to contest the election.

4. The Writ Petition is disposed of with liberty as sought for and as

clarified by this Court.

( SHAILESH P. BRAHME, J. )

Uday S. Jagtap 2 of 2

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