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Bombay High Court

GURUNATH P NAIKversusHERCULES NORONHA AND 3 ORS

Disposal
Disposed of

Holding

A writ petition is dismissed as withdrawn when the petitioner expressly withdraws it, without any consideration of the merits.

Summary

The petitioner, Gurunath P. Naik, filed a writ petition in the High Court of Bombay at Goa seeking relief. During the proceedings, the petitioner lodged a complaint with the Lokayukta and submitted a copy of that complaint to the Court. The petitioner’s counsel subsequently instructed the Court to withdraw the writ petition. The Court accepted the withdrawal and dismissed the petition without addressing the merits of the Lokayukta complaint. It clarified that the dismissal should not be interpreted as any comment on the merits of the pending Lokayukta matter.

Issues considered

  • Whether a writ petition may be dismissed on the ground of withdrawal by the petitioner

Subjects

  • writ petition
  • withdrawal
  • Lokayukta
  • dismissal
  • procedural law

Judgment

2026:BHC-GOA:1886-DB
                                             15 WP 488 2025

                Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.488 OF 2025

           GURUNATH P NAIK                                          ... PETITIONER
             Versus
           HERCULES NORONHA AND 3 ORS                               ... RESPONDENTS


           Ms. Sukant Halankar, Advocate for the Petitioner.

           Mr. Rishikesh Gawas, Additional Government Advocate holding
           for Mr. Shubham Priolkar, Additional Government Advocate for
           Respondent Nos. 1, 3 and 4.

           Mr. Harshal Desai, Advocate for Respondent No. 2.


                                 CORAM:- VALMIKI MENEZES &
                                         AMIT S. JAMSANDEKAR, JJ.
                                 DATED :- 21st September, 2026

           P.C:
                       The learned Counsel for the Petitioner submits that the
           Petitioner has made a complaint before the Lokayukta. She placed
           on record a copy of the said complaint. In view of this complaint,
           the Advocate for the Petitioner has instructions to withdraw the
           present Writ Petition.


           2.          In view thereof, the Writ Petition stands dismissed as
           withdrawn. It is clarified that the withdrawal of the present Writ
           Petition shall not be construed as expressing any opinion or making
           any observation on the merits or otherwise of the complaint

                                                 Page 1 of 2
                                             21st September, 2026
                                                        15 WP 488 2025


                        pending before the Lokayukta.



                          AMIT S. JAMSANDEKAR, J.                   VALMIKI MENEZES, J.




Signed by: VAIGANKAR ESHA
SAINATH
                                                            Page 2 of 2
Designation: Personal Assistant
Date: 22/09/2026 16:50:22                               21st September, 2026


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