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Bombay High Court

KIRAN RAMDAS MHETRE AND ORSversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of as withdrawn.

Summary

The petitioners filed a writ petition before the Bombay High Court seeking relief against the State of Maharashtra. After filing, the petitioners expressed a desire to withdraw the petition and submitted an undated statement signed by an advocate. The court recorded the statement and, on the petitioners' instructions, disposed of the writ petition as withdrawn. Consequently, the pending interim application filed in the same matter was also dismissed. The court noted that if the petitioners later suffer a legal injury, they may seek appropriate remedy, keeping all contentions open.

Issues considered

  • Whether the writ petition can be withdrawn by the petitioners after filing

Subjects

  • withdrawal of writ petition
  • civil procedure
  • interim application
  • high court

Judgment

          Digitally
          signed by
          GAURI AMIT
GAURI     GAEKWAD
AMIT      Date:                                                                   923.WP-4995-2026.odt
GAEKWAD   2026.04.21
          10:11:41
          +0530

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO.4995 OF 2026
                       Kiran Ramdas Mhetre & Ors.               ….Petitioners
                                 Versus
                       The State of Maharashtra & Ors.        ….Respondents
                                                       WITH
                                INTERIM APPLICATION (ST) NO.11284 OF 2026
                                                         IN
                                       WRIT PETITION NO.4995 OF 2026
                                                         ----
                       Mr. Suresh Pakale, Senior Advocate a/w. Mr. Nilesh Desai i/b.
                       Ms. Padmaja Malgaonkar for the Petitioners.
                       Ms. Preeti Walimbe a/w. Mr. Mayank Tripathi and Ms. Rutika Bhoir
                       for the Applicants in the Interim Application.
                       Mr. M.M. Pabale, AGP for Respondent Nos.1, 2 and 4.
                       Mr. Sumedh S. Modak for Respondent No.3.
                                                         ----
                                           CORAM : RAVINDRA V. GHUGE
                                                                   &
                                                       HITEN S. VENEGAVKAR, JJ.

                                              DATE      : 18th APRIL, 2026

                       P.C. :-

                       1.              The learned Senior Advocate has tendered an undated

                       statement on behalf of the Petitioners, signed by an Advocate. The

                       typed letter is taken on record and marked as ‘X’ for identification.



                       2.              Since the Petitioners desire to withdraw this Petition, a

                       statement is made that, if they suffer a legal injury, they would avail

                       Gauri Gaekwad                       1 of 2
                                                            923.WP-4995-2026.odt




of a remedy as is permissible in law for the redressal of their

grievance.



3.              In view of the above, this Petition is disposed off as

withdrawn, on instructions.



4.              The pending Intervention Application would not

survive and stands disposed off.



5.              Needless to state, if the Petitioners suffer a legal injury

and avail of a remedy as is permissible in law, all contentions are

kept open.




(HITEN S. VENEGAVKAR, J.)                     (RAVINDRA V. GHUGE, J.)




Gauri Gaekwad                        2 of 2


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