Bombay High Court

VARAD GOPAL NIKAM AND ANRversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

The Court held that the petitioner may withdraw the writ petition with liberty to institute appropriate proceedings.

Summary

The petitioners, Varad Gopal Nikam and another, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra. The petitioner’s counsel, Ms. Kalpana Kulkarni Sonpawale, later applied for permission to withdraw the petition, requesting liberty to initiate appropriate proceedings later. The primary issue before the Court was whether it could grant such a withdrawal with liberty to file fresh proceedings. The Court examined the procedural rule that a petitioner may withdraw a petition with the Court’s permission, especially when no substantive hearing has occurred. Accordingly, the Court granted the request, allowing the petition to be withdrawn and permitting the petitioner to pursue other appropriate remedies. The writ petition was therefore disposed of as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition with liberty to file appropriate proceedings

Subjects

writ petition
withdrawal
high court
procedural law
civil procedure

Judgment

2026:BHC-AUG:25649-DB

                                                                     912-wp-4761-2026.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               912 WRIT PETITION NO. 4761 OF 2026

                                  Varad Gopal Nikam And Anr
                                            VERSUS
                      The State Of Maharashtra Through Secretary And Ors
                                               ...
                Ms. Kalpana Kulkarni Sonpawale, Advocate for the Petitioner
                Mr. V. S. Chaudhari, AGP for Respondents/State
                                               ...
                                     CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                       Dated       : July 02, 2026

                PER COURT :-

                1.        Learned Advocate for the petitioner on instructions seeks
                permission to withdraw the Writ Petition with liberty to file
                appropriate proceedings.

                2.        Permission is granted.

                3.        Writ Petition is disposed of as withdrawn with liberty as
                prayed for.




                (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




                Narwade

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