Bombay High Court

WARIS ALI FAROOQUIversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Decided: 2 September 2026
Disposal: DISPOSED OFF

Holding

The writ petition may be withdrawn, with liberty to approach DRTs 4 and 5 and the SRA for further relief.

Summary

Waris Ali Farooqui filed a writ petition before the Bombay High Court against the Municipal Corporation of Greater Mumbai. The petitioner, through counsel V.R. Tripathi, sought permission to withdraw the petition. The corporation filed an affidavit-in-reply, prompting the court to consider whether the petition could be withdrawn. The judges held that the petition may be withdrawn, but the petitioner was granted liberty to approach the appropriate Debt Recovery Tribunals (DRTs) 4 and 5 and the Small Recovery Agency (SRA) for any further relief. Accordingly, the writ petition was disposed of.

Issues considered

Whether a writ petition filed in the High Court can be withdrawn by the petitioner.

Subjects

withdrawal of writ petition
High Court
Municipal Corporation
Debt Recovery Tribunal
Small Recovery Agency

Judgment

                                                                            41 WP 4585 OF 2024.DOC



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

                                            WRIT PETITION NO. 4585 OF 2024

                      Waris Ali Farooqui                                      ...Petitioner
                           Versus
                      The Municipal Corporation of
                      Greater Mumbai                                          ...Respondent
                                                         _______
                      Mr. V.R. Tripathi i/b. M/s. V. R. Tripathi Associates, Advocate for the
                      Petitioner.

                      Adv. Som Sinha a/w. Adv. Noopur Gurav and Adv. Jyoti Mhatre i/b.
                      Adv. Som Sinha, for the Respondent.
                                                         _______

                                                 CORAM:       M .S. KARNIK &
                                                              SANDESH D. PATIL, JJ.

                                                 DATE:        2nd SEPTEMBER, 2026.
                      P.C.

                      1.        Learned counsel for the Petitioner, on instructions, seeks

                      permission to withdraw the Writ Petition. The Writ Petition is allowed

                      to be withdrawn with liberty to approach the DRTs 4 and 5 as well as

                      the SRA, in view of the affidavit-in-reply that has been filed by the

                      Corporation. Keeping the liberty open, the Petitioner may approach

                      the DRTs 4 and 5 and the SRA, seeking appropriate reliefs, as prayed
RAJESHRI
PRAKASH
AHER                  for in this Petition, the Writ Petition is accordingly disposed of.
Digitally signed by
RAJESHRI PRAKASH
AHER
Date: 2026.09.03
18:17:57 +0530




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

                                                     Page 1 of 1
                      Rajeshri Aher

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