Bombay High Court

LAXMANLAL BANSILAL VYASversusSTATE OF MAHARASHTRA AND ANR.

Decided: 22 September 2026
Disposal: Allowed To be withdrawn

Holding

The writ petition is allowed to be withdrawn and disposed of with liberty to pursue alternate proceedings, and the petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963.

Summary

Petitioner Arjun Vitthal Kudhekar filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The petitioner, through counsel, requested to withdraw the petition and was granted liberty to pursue alternative proceedings. The Court allowed the withdrawal and ordered the petition to be disposed of, confirming that the petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963. The Court expressly noted that it had not examined the merits of the case, leaving all substantive contentions open for future litigation. Consequently, the petition was dismissed on procedural grounds without a merits-based decision.

Issues considered

Whether a writ petition may be withdrawn with liberty to adopt alternate proceedings
Whether the petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963
Whether the merits of the petition need to be decided upon withdrawal

Legislation cited

Limitation Act, 1963 — s. 14

Subjects

writ petition
withdrawal
Limitation Act
Section 14
alternate proceedings
criminal appellate jurisdiction

Judgment

                                                                                53-WP-4787-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
ARJUN                                      WRIT PETITION NO.4787 OF 2025
VITTHAL
KUDHEKAR              Laxmanlal Bansilal Vyas                                   ...Petitioner
Digitally signed by
ARJUN VITTHAL                 Versus
KUDHEKAR
Date: 2026.09.22      The State of Maharashtra & Anr.                           ...Respondents
20:03:08 +0530
                                                  ——————
                      Mr. Kamalesh Mishra i/b Uvaank Juris, for the Petitioner.
                      Mr. S. S. Ghag, APP, for the Respondent-State.
                                                      ——————
                                                         Coram: Madhav J. Jamdar, J.
                                                         Date: 22 September 2026
                      P.C.:

                      1.      Mr. Mishra, learned Counsel appearing for the Petitioner, on

                      instructions, seeks withdrawal of the Writ Petition with liberty to adopt

                      appropriate alternate proceedings.

                      2.      Accordingly, the Writ Petition is allowed to be withdrawn and

                      disposed of as such with liberty as sought.

                      3.      The Petitioner is entitled to get the benefit of Section 14 of the

                      Limitation Act, 1963.

                      4.      It is clarified that this Court has not considered the merits and all

                      contentions on merits are expressly kept open.



                                                                        [Madhav J. Jamdar, J.]




                      Arjun                                1

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