Bombay High Court
KAILAS GANPATRAO SANAP AND ANOTHERversusTHE ADDITIONAL COLLECTOR HINGOLI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as withdrawn and the deposited amount is ordered to be refunded with interest.
Summary
The petitioners filed a writ petition challenging an order of the Mamlatdar under the Mamlatdar’s Courts Act, 1906. The High Court, on 15 June 2016, directed the petitioners to deposit Rs.10,000 as a show of bonafides. On 3 August 2026 the petitioners instructed their counsel to withdraw the petition and sought a refund of the deposit with interest. The Court accepted the withdrawal, ordered the refund of the Rs.10,000 along with any accrued interest, and disposed of the accompanying civil application No.8875 of 2026. The writ petition was therefore dismissed as withdrawn.
Issues considered
- What is the effect of a petitioner's request to withdraw a writ petition after depositing a bonafide amount?
- Whether the deposited amount under the Court's direction is refundable with interest upon withdrawal of the petition?
Legislation cited
Subjects
- Writ petition
- Withdrawal
- Mamlatdar’s Courts Act
- Bonafide deposit
- Refund
- Civil application
Judgment
2026:BHC-AUG:37888
1 901-wp-5934-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 5934 OF 2016
Kailas Ganpatrao Sanap And Another
VERSUS
The Additional Collector Hingoli And Others
...
Advocate for the Petitioners : Mr. Shashikant S. Londhe
AGP for Respondent/State : Mr. K.S. Patil
Advocate for Respondent No.3 : Mr. R.J. Nirmal
WITH
CIVIL APPLICATION NO. 8875 OF 2026
IN WP/5934/2016
...
CORAM : ROHIT W. JOSHI, J.
DATED : AUGUST 21, 2026
P.C.:
1. Learned advocate for the petitioners states that the petitioners
have issued letter dated 03.08.2026 instructing him to withdraw the
petition. Letter dated 03.08.2026 issued by the petitioners to his
advocate is taken on record.
2. Vide order dated 15.06.2016, this Court had directed to the
petitioners to deposit an amount of Rs.10,000/- in order to show their
bonafides. The subject matter of challenge in the petition is an order
passed by the Mamlatdar under the Mamlatdar’s Courts Act, 1906. In
view of above, amount of Rs.10,000/- be refunded to the petitioners
along with accrued interest, if any.
3. Writ Petition is disposed of as withdrawn on motion made by
2 901-wp-5934-2016.odt
learned advocate for the petitioners.
4. Civil Application No.8875 of 2026 stands disposed of.
[ROHIT W. JOSHI J.]
Mujaheed//
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