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Bombay High Court

LOKESH RAKESHKUMAR SOODversusTHE UNION OF INDIA THR THE SEC. MINISTRY OF ELE. AND INFO TECH AND ORS

Decided
Disposal
Disposed Off

Holding

Withdrawal of a writ petition does not impede the petitioner’s right to avail a statutory remedy, and the order must be corrected to preserve that right.

Summary

The petitioner filed a writ petition and later moved a praecipe to withdraw it, but failed to state that he intended to keep open his right to pursue a statutory remedy under the Information Technology Act, 2000. The respondents opposed any addition of such liberty in the order. The Court noted that the petitioner had indicated an alternate remedy before the adjudicating officer, albeit without expressly reserving the right to use it. The Court held that the existence of a statutory remedy prevents the withdrawal of the petition from barring the petitioner’s future claim. Accordingly, the Court corrected the earlier order to state that the petition is withdrawn but the petitioner’s right to avail the statutory remedy remains open. The corrected order was directed to be uploaded and the praecipe was disposed of.

Issues considered

  • Whether the withdrawal of a writ petition bars the petitioner from later availing a statutory remedy under the Information Technology Act, 2000.
  • Whether the order of withdrawal should be corrected to reflect the petitioner’s reservation of the statutory remedy.

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • statutory remedy
  • Information Technology Act
  • order correction
  • reservation of rights

Judgment

                                                                                          2-WP.6267.2026.odt

      JVS.
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 6267 OF 2026
JAYANT
VISHWANATH
SALUNKE
                      Lokesh Rakeshkumar Sood                       }      Petitioner
Digitally signed by
JAYANT VISHWANATH
                           Versus
SALUNKE
Date: 2026.08.25
11:03:14 +0530        The Union of India & Ors.                     }      Respondents


                      Mr. Rahul Singh with Ms. Pranali Raut i/b. Dr. Prashant Mali,
                      for the Petitioner.

                      Mr. D. P. Singh with Mr. Aditya Thakkar, for Respondent No. 1.

                      Ms. Poonam Ashar with Ms. Vasundhara Dhar i/b. AQUI Law,
                      for Respondent Nos. 2, 3 & 4.


                                   CORAM : RAVINDRA V. GHUGE, ACJ. &
                                           M. M. SATHAYE, J.
                                   DATE      : 24th AUGUST, 2026
                      P.C.:
                      1.           The praecipe dated 21st August, 2026 has been filed by the

                      Petitioner for speaking to the minutes of the order dated 19 th August, 2026.

                      The learned Advocate for the Petitioner is apologetic that in the praecipe for

                      withdrawal of the Petition, marked ‘X’, it was not mentioned that the

                      Petitioner desires to reserve his right to avail of a statutory remedy.




                      2.           The learned Advocate for Respondent Nos. 2, 3 and 4, opposes

                      addition of any liberty, in the said order, by way of a speaking to the minutes

                      motion.


                                                              1
                                                                   2-WP.6267.2026.odt


3.             We have perused the praecipe ‘X’, in which the Petitioner has

mentioned that there is an alternate remedy before the adjudicating officer

under the Information Technology Act, 2000. Inadvertently, it is not

mentioned that the Petitioner desires to avail of the remedy.




4.             If the Petitioner has a statutory remedy available, his withdrawal

of the Writ Petition cannot become an impediment.




5.             In view of the above, Paragraph No. 2 of the order dated 19 th

August, 2026 stands corrected as under: -

               “In view of the above, this Petition is disposed off as
               withdrawn, on instructions. If the Petitioner avails of a
               statutory remedy, all contentions of the all the parties are
               kept open.”



6.             Let the corrected order dated 19th August, 2026 be uploaded

accordingly.




7.             The praecipe stands disposed off.




     [M. M. SATHAYE, J.]                       [ACTING CHIEF JUSTICE]



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