Bombay High Court

AADHAR HOUSING FINANCE LIMITED THR. ITS AUTHORIZED OFFICERversusTHE STATE OF MAHARASHTRA THR. ASSISTANT GOVT. PLEADER AND ANR.

Disposal: Disposed Off

Holding

The High Court may permit withdrawal of a writ petition and grant liberty to file a proper application before the Chief Judicial Magistrate.

Summary

Aadhar Housing Finance Limited filed a writ petition before the Bombay High Court seeking permission to withdraw the petition and instead file a proper application before the Chief Judicial Magistrate. The petitioner’s counsel requested the court’s liberty to withdraw, arguing that the appropriate forum was the magistrate’s court. The respondents, the State of Maharashtra and others, opposed the withdrawal. The bench considered whether the court could grant such permission under procedural law. The judges allowed the withdrawal, granting the petitioner liberty to file the appropriate application, and disposed of the writ petition as withdrawn.

Issues considered

Whether the High Court may permit a petitioner to withdraw a writ petition and direct filing of a proper application before a lower court

Subjects

writ petition
withdrawal
civil procedure
jurisdiction
high court

Judgment

2026:BHC-KOL:9314-DB

                                                                        64-WP-4783-2026.doc


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

                                   WRIT PETITION NO. 4783 OF 2026


               Aadhar Housing Finance Limited Thr. Its Authorized      ...Petitioner
               Officer Sujay Sanjayrao Anvikar
                         Versus
               The State Of Maharashtra And Anr.                       ...Respondents

                                             ——————
               Mr. Balasaheb Choure (through VC) a/w Ms. Sharvari Tipugade, Mr. Girish
               Mujumdar, for the Petitioner.
               Mr. P.P.Kukade, Addl. GP a/w Mr. V.G.Badgujar, AGP, Mr. R.S.Pawar, AGP, Mr.
               V.M.Mali, AGP for the Respondent-State.
                                             ——————
                                               Coram :     SHARMILA U. DESHMUKH &
                                                           NEERAJ P. DHOTE, JJ.
                                               Date      : SEPTEMBER 28, 2026
               P. C. :

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

               permission to withdraw the Petition with liberty to file proper

               application before the Chief Judicial Magistrate. The Petition is

               disposed of as withdrawn with liberty as prayed.




                [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




               Arya Chavan                      1 of 1

Continue reading with your account

Checking your session…