Bombay High Court

DAYA NIWAS B WING CO OPERATIVE HOUSING SOCIETY LIMITED THROUGH MR BHADRESH C GANDHIversusTHE DEPUTY COMMISSIONER OF POLICE MUMBAI

Decided: 25 August 2026
Disposal: Allowed To be withdrawn

Holding

Leave to withdraw the petition was granted and the petition was disposed of as withdrawn.

Summary

The petitioner, Daya Niwas B Wing Co-operative Housing Society Ltd., filed a writ petition in the Bombay High Court challenging actions of the Deputy Commissioner of Police and others. After the Supreme Court delivered its decision in Sujal Vishwas Attavar & Anr. vs. State of Maharashtra (2026 SCC OnLine SC 798), the petitioner sought leave to withdraw the petition. The Court, after considering the request, granted leave to withdraw. Consequently, the petition was disposed of as withdrawn. No substantive merits of the original dispute were adjudicated.

Issues considered

Whether the petitioner is entitled to withdraw the writ petition after the Supreme Court's decision in Sujal Vishwas Attavar & Anr. vs. State of Maharashtra?

Subjects

withdrawal of petition
writ petition
Bombay High Court
Supreme Court precedent
criminal appellate jurisdiction

Judgment

                                   Sbw                                                   8-WP-5992-2025.doc




                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO.5992 OF 2025

                              Daya Niwas B Wing Co-operative
                              Housing Society Ltd.                                  … Petitioner

                                       V/s.

                              The Deputy Commissioner of Police,
                              Mumbai & Ors.                                         … Respondents



                              Mr. Kunal M. Patel a/w Mr. Vijaykumar Mishra for the Petitioner.
                              Mr. Ajay Patil, APP, for the Respondent-State.
                              Mr. S.B. Shetye, for the Respondent No.5.


                                                               CORAM :     A. S. GADKARI AND
                                                                           KAMAL KHATA, JJ.
                                                                  DATE :   25th August, 2026

                              P.C.:-

                              1)              In view of the decision of the Supreme Court in the case of

                              Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors. reported

                              in 2026 SCC OnLine SC 798, the learned Advocate for the Petitioner, on

                              instructions, seeks leave to withdraw the Petition.

                              1.1)            Leave granted.

                              2)              Disposed off as withdrawn.


                                         (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)


SANDHYA by
           Digitally signed
           SANDHYA
        BHAGU
                                                                                                              1/1
BHAGU   WADHWA
WADHWA Date: 2026.08.29
        09:52:26 +0530

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