Bombay High Court

MALLIKA RAKESH SHETTYversusTHE ASSISTANT COMMISSIONER WARD 5D KATE MANIVALI AND ORS

Decided: 2 February 2026
Disposal: Disposed Off
Bench: RAVINDRA V GHUGE ABHAY MANTRI

Holding

A writ petition may be dismissed when the petitioner withdraws it.

Summary

Mallika Rakesh Shetty filed a writ petition before the Bombay High Court challenging a decision of the Assistant Commissioner, Ward 5D. After filing, the petitioner, through her counsel, submitted a praecipe on 30 January 2026 requesting withdrawal of the petition. The court noted the withdrawal request and, without further hearing, disposed of the writ petition as withdrawn. No substantive merits of the petition were considered. The petition was therefore dismissed on the petitioner's own instructions.

Issues considered

Whether a writ petition can be dismissed solely on the petitioner's withdrawal

Subjects

writ petition
withdrawal
civil procedure
high court

Judgment

                                                         5-WP-6588-2025 (C-3).odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.6588 OF 2025

Mallika Rakesh Shetty                                  ….Petitioner
            Versus
The Assistant Commissioner
Ward 5D Kate Manivali & Ors.                           ….Respondents
                          ----
Mr. Zaeem Kharadi i/b. Mr. I.M. Khairdi, Advocate for the
Petitioner.
Smt. Mallika Rakesh Shetty (Petitioner), present in Court.
Mr. V.G. Badgujar, AGP for Respondent No.3.
                              ----
                         CORAM : RAVINDRA V. GHUGE &
                                    ABHAY J. MANTRI, JJ.
                          DATE : 2nd FEBRUARY, 2026

P.C. :-

1.               The Petitioner is present in the Court. The learned

Advocate for the Petitioner points out that he has circulated a

Praecipe dated 30th January, 2026, on instructions from the

Petitioner, to withdraw this Petition. The said Praecipe is marked as

‘X’ for identification.


2.             In view of the above, this Writ Petition is disposed off as

withdrawn on instructions.



(ABHAY J. MANTRI, J.)                      (RAVINDRA V. GHUGE, J.)


Kartikeya                             1 of 1

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