Bombay High Court

SHARAD KRUSHNAJI DESHMUKHversusSTATE OF MAHARASHTRA DEPT. OF GRAMVIKAS THR. SECRETARY AND ORS

Disposal: Allowed To be withdrawn

Holding

The Court permitted the petitioner to withdraw the writ petition with liberty to initiate appropriate proceedings thereafter.

Summary

The petitioner, Sharad Krushnaji Deshmukh, filed a writ petition challenging the reinstatement of Respondent No.7 to the post of Gram Panchayat Lipik. The petitioner sought permission to withdraw the petition while retaining the right to pursue appropriate proceedings against the reinstatement. The Court, after hearing counsel, allowed the withdrawal with liberty to adopt further proceedings and disposed of the petition on that basis. The judgment expressly states that the merits of the reinstatement were not examined, and all parties' rights and contentions remain open. Consequently, the petition stands withdrawn and the matter is left for future litigation if the petitioner chooses.

Issues considered

What is the appropriate procedure for a petitioner to withdraw a writ petition while preserving the right to challenge the underlying order?

Subjects

writ petition
withdrawal of petition
Gram Panchayat
reinstatement
Civil Appellate Jurisdiction
High Court of Bombay

Judgment

                                                              29 wp 6338-22.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 6338 OF 2022

Sharad Krushnaji Deshmukh.                                 ...Petitioner.
        Versus
The State of Maharashtra and Others.                       ...Respondents.
                            ——————
Ms. Raghvendra B. Kulkarni for the Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
Mr. Bhushan Walimbe for the Respondent No. 5 and 6.
                                  ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : September 22, 2026.
P. C. :

1.         Learned Counsel appearing for the Petitioner, on instructions,

seeks permission to withdraw the petition with liberty to adopt

appropriate proceedings to challenge all proceedings by which the

Respondent No.7 came to be reinstated to the post of Gram Panchayat

Lipik. The Petition is permitted to be withdrawn with liberty as prayed

for and disposed of as such.

2.         Needless to clarify that this Court has not gone into merits of the

matter and as such all rights and contentions of all the parties are

expressly kept open.



 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]



Patil-SR                             1 of 1

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