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Bombay High Court

FULCHAND SHRIRANG PALLOD AND ANRversusTHE DIVISIONAL JOINT REGISTRAR COOPERATIVE SOCIETIES LATUR AND ORS

Disposal
DISPOSED OFF

Holding

The Court granted permission to withdraw the writ petition and allowed the petitioner to file a fresh petition on the same cause of action.

Summary

The petitioners filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the Divisional Joint Registrar Cooperative Societies Latur and others. Their senior advocate argued that the nature of the dispute and the relief sought required consideration by a Division Bench, and therefore requested permission to withdraw the present petition and file a fresh one on the same cause of action. The Court granted the request, allowing the petition to be withdrawn with liberty to file a new petition. Consequently, the original writ petition was disposed of as withdrawn. No substantive merits of the dispute were addressed.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and file a fresh petition before a Division Bench

Subjects

  • withdrawal of writ petition
  • procedural law
  • division bench jurisdiction
  • high court practice

Judgment

2026:BHC-AUG:18967
                                                                             928-WP-4641-2026.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                              WRIT PETITION NO. 4641 OF 2026

                                Fulchand Shrirang Pallod And Anr
                                            VERSUS
               The Divisional Joint Registrar Cooperative Societies Latur And Ors
                                               ...
          Mr. P. R. Katneshwarkar, Senior Advocate i/by Mr. P. P. More, Advocate for
          the Petitioners
          Mr. S. P. Joshi, AGP for Respondents
                                                    ***
                                                      CORAM : S. G. CHAPALGAONKAR, J
                                                      DATE : APRIL 28, 2026

          PC :

          1.           The learned Senior Advocate appearing for Petitioners submits that

          looking to nature of dispute and prayers, Petition would lie before Division Bench.

          However, amendment in prayer clauses and insertion of certain grounds would be

          necessary so that comprehensive Petition can be taken up before Division Bench.

          He, therefore, seeks permission to withdraw Writ Petition with liberty to file fresh

          Petition on same cause of action.


          2.           Permission is granted.


          3.           The Writ Petition stands disposed of as withdrawn with liberty as

          prayed.



                                                          (S. G. CHAPALGAONKAR, J.)
          Umesh




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