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Bombay High Court

VIRESH JOSHI S/O GANGARAM JOSHIversusUNION OF INDIA MINISTRY OF FINANCE DEPT. OF REVENUE

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of as withdrawn, with liberty to approach the competent authority, and the pending interim application stands disposed.

Summary

The petitioners, Viresh Joshi and others, filed a writ petition before the Bombay High Court seeking relief against the Union of India and others. During the proceedings, the petitioners informed the Court that they no longer wished to pursue the writ and intended to seek appropriate relief before the competent authority. The respondents did not object to the withdrawal. The Court accepted the petitioners' request, disposing of the writ petition as withdrawn and granting them liberty to approach the appropriate authority. Consequently, the pending interim application was also deemed to have no further existence and was disposed of.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioners at any stage of the proceedings.
  • Whether the withdrawal of the writ petition extinguishes any pending interim application.

Subjects

  • withdrawal of writ petition
  • civil appellate jurisdiction
  • interim application
  • competent authority
  • Bombay High Court

Judgment

                                                                                 2-wp.5676.2026.doc

          Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
           Digitally


JAYANT
           signed by
           JAYANT
           VISHWANATH
                                        WRIT PETITION NO. 5676 OF 2026
VISHWANATH SALUNKE
SALUNKE    Date:
           2026.09.16
           10:39:55
           +0530
                                                    WITH
                                     INTERIM APPLICATION NO. 6342 OF 2026

                        Viresh Joshi S/o. Gangaram Joshi & Ors.       }    Petitioners
                             Versus
                        Union of India & Ors.                         }    Respondents


                        Mr. Parth Sanghrajka with Mr. Abhishek Kale, Mr. Aditya
                        Khare, Mr. Shreyas Maheshwari and Mr. Atharva Bhilare
                        i/b Naik Naik & Co., Advocates for the Petitioners.

                        Mr. Amit Munde, Special Counsel with Ms. Jai Vohra,
                        Advocates for Respondent No. 2.

                        Mr. O. A. Chandurkar, Additional Government Pleader with
                        Ms. P. J. Gavhane, AGP for Respondent No. 4.


                                     CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                             ADVAIT M. SETHNA, J.

                                     DATE     : 11th SEPTEMBER, 2026

                        P.C.:
                        1.      The learned counsel for the Petitioners, on instructions,
                        submits that the Petitioners are not inclined to press the instant
                        Writ Petition and seek to withdraw this Writ Petition with liberty to
                        press appropriate reliefs before the Competent Authority in
                        accordance with law.

                        2.      The learned counsel for the respondents have no objection for
                        withdrawal of the Writ Petition.

                        3.      The Writ Petition is disposed of as withdrawn with the
                        aforesaid liberty.

                                                           1
                                                          2-wp.5676.2026.doc


4.    In the light of the withdrawal of the writ petition, the pending
Interim Application does not survive and stands disposed of.



     [ADVAIT M. SETHNA, J.]                    [CHIEF JUSTICE]




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