Bombay High Court
DATTU RAMA SHIRSATHversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as withdrawn, with liberty granted to the petitioner to avail the appropriate alternate remedy.
Summary
The petitioner, Dattu Rama Shirsath, filed a writ petition before the Bombay High Court challenging actions of the State of Maharashtra and others. The court first permitted amendment of the petition. Subsequently, on counsel’s advice and noting the existence of an alternate remedy, the petitioner sought leave to withdraw the petition while retaining liberty to pursue the appropriate remedy. The court granted the leave, ordered the writ petition to stand disposed as withdrawn, and directed that any pending civil application be disposed. It further directed the concerned authority to conclude the matter within six months and that the time spent in bona‑fide prosecution be taken into account.
Issues considered
- Whether a writ petition may be withdrawn when an alternate remedy is available
- Whether the court may grant liberty to the petitioner to pursue the alternate remedy after withdrawal
Subjects
- writ petition
- withdrawal
- amendment
- alternate remedy
- procedural law
- High Court
Judgment
2026:BHC-AUG:37577
1 56-WP-6451-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6451 OF 2014
DATTU RAMA SHIRSATH
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Nilkanth P. Bangar
AGP for Respondents No.1 to 3 : Mr. P. D. Patil
Advocate for Respondents No.4 to 7 : Mr. Suresh W. Munde
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 17-08-2026
PER COURT:-
1. Leave to amend. Amendment be effected forthwith.
2. When confronted with the availability of an alternate
remedy, the learned counsel for the petitioner, on instructions,
seeks leave to withdraw the petition with liberty to avail of the
appropriate remedy in accordance with law. Leave is granted.
3. The writ petition stands disposed of as withdrawn with the
aforesaid liberty.
4. Pending civil application, if any, stands disposed of.
5. The concerned authority shall make an endeavour to
conclude the matter within a period of six months from the
presentation of the same.
6. It is made clear that the time spent in bona fide prosecution
of this petition shall be taken into account by the concerned
authority.
[SACHIN S. DESHMUKH, J.]
rrd
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