Bombay High Court

RATHIRAM SHIVJATAN YADAV SINCE DECD THR SHIVSHANKAR RATHIRAM YADAVversusGRIEVANCE REDRESSAL COMMITTEE AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as withdrawn, with liberty to the petitioner to file an appeal, and the delay in the petition is excluded for limitation purposes.

Summary

Petitioner Bhalchandra Gopal Dusane filed a writ petition challenging an order of the Grievance Redressal Committee, Mumbai. The Attorney General of the State argued that an appeal is the appropriate alternate remedy, and the petitioner sought to withdraw the writ petition while preserving the right to appeal. The Court allowed the withdrawal, dismissing the petition as withdrawn and granting liberty to pursue the appeal. It also directed that any delay in filing the appeal should not be counted towards the limitation period. Consequently, the petition was closed, and the appeal route remains open to the petitioner.

Issues considered

Whether the petitioner may withdraw the writ petition and avail an alternate remedy of appeal
Whether delay in pursuing the writ petition should be excluded while computing limitation for filing the appeal

Subjects

writ petition
withdrawal
alternate remedy
appeal
limitation period
Grievance Redressal Committee

Judgment

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.5134 OF 2026

BHALCHANDRA
GOPAL
DUSANE                Rathiram Shivjatan Yadav                ....   Petitioner
Digitally signed by   (since deceased) through
BHALCHANDRA
GOPAL DUSANE
Date: 2026.08.28
                      Shivshankar Rathiram Yadav
11:39:35 +0530


                                   Vs.

                      Grievance Redressal Committee           ....   Respondents
                      Mumbai City & Ors.


                      Mr. Prasad B. Kulkarni a/w Mr. Dipak Mane for Petitioner.
                      Ms. Snehal S. Jadhav, AGP for State.
                      Mr. Yatin Shashikant Khochare “B” Panel Counsel for Respondent no. 1 to 3
                      – State.

                                                        CORAM : ARUN R. PEDNEKER, J.
                                                        DATE   : 25h August 2026

                      P.C. :


                      1.       The learned AGP submits that an alternate remedy of appeal is

                      available to the Petitioner against the impugned order. In view of the said

                      submission, the learned Counsel for the Petitioner, on instructions, seeks

                      leave to withdraw the present Petition, with liberty to avail of the alternate

                      remedy available in law.

                      2.       The Writ Petition is dismissed as withdrawn with liberty as prayed.


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                      2 WP 5134.26.doc                                                       Dusane
3.     The delay in pursuing the present Petition shall be excluded while

computing the period of limitation for filing the Appeal.



                                                [ ARUN R. PEDNEKER, J. ]




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2 WP 5134.26.doc                                                 Dusane

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