Bombay High Court

VITTHAL SANTRAM DAHATONDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Court granted leave to withdraw the writ petition and disposed of it as withdrawn.

Summary

Petitioner Vitthal Santram Dahatonde filed a writ petition challenging actions of the State of Maharashtra. During the proceedings, the petitioner learned that the matter had already been decided by a Constitution Bench of the Supreme Court in Indore Development Authority v. Manoharlal and Ors. (2020) 8 SCC 129. Relying on that precedent, the petitioner sought leave to withdraw the writ petition. The High Court, after hearing the counsel, granted the petitioner's request. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn when the substantive issue has been decided by a Supreme Court Constitution Bench.

Subjects

writ petition
withdrawal
Supreme Court precedent
Constitution Bench
High Court of Bombay

Judgment

2026:BHC-AUG:6593-DB




           Ethape                               (1)                   24-WP-583-2018


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                                24 WRIT PETITION NO. 583 OF 2018
                                     Vitthal Santram Dahatonde
                                               VERSUS
                                The State Of Maharashtra And Others
                                                 ...
           Mr. Chandrakant K. Shinde, Advocate for the Petitioner.
           Mr. S. K. Shirse, AGP for Respondent-State.
           Mr. B. R. Surwase, Advocate for Respondent Nos. 3 and 4.
                                              CORAM : KISHORE C. SANT &
                                                         SUSHIL M. GHODESWAR, JJ.
                                              DATE      : 12th FEBRUARY 2026.

           PC :-
           1.       Learned Advocate for the petitioner informs that now the issue is

           already covered in view of Constitution Bench Judgment passed by the

           Hon’ble Apex Court in the case of Indore Development Authority Vs.

           Manoharlal and Ors.1 In view of this, learned Advocate for the petitioner

           seeks leave to withdraw the writ petition.

           2.       Leave granted.

           3.       Writ petition stands disposed off as withdrawn.


           [SUSHIL M. GHODESWAR, J.]                        [KISHORE C. SANT, J.]
           1 (2020) 8 SCC 129

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