Bombay High Court

MEDHA MADAN CHODANKARversusKALINDI CHODANKAR AND ANR

Disposal: Withdrawn
Bench: VALMIKI MENEZES

Holding

The writ petition is dismissed as withdrawn, with leave to revive if the appeal is restored.

Summary

The petitioner challenged an order dated 04.05.2023 issued by the Additional Director of Panchayats which granted an ex-parte stay of a demolition order for tree removal. While the petition was pending, the related appeal (No. ADP-I/Pehna-de-Franca/PA. 229/2023) was dismissed on 11.02.2026 for non‑appearance, rendering the writ petition infructuous. The petitioner’s counsel then sought to withdraw the writ petition, requesting leave to revive it if the appeal were reinstated. The Court accepted the withdrawal and dismissed the writ petition with leave to revive, as prayed. The order reflects procedural disposal rather than a substantive adjudication on the merits of the demolition order.

Issues considered

What is the effect on a writ petition when the related appeal is dismissed for non‑appearance?
Can a petitioner withdraw a writ petition and obtain leave to revive it in the future?

Subjects

ex‑parte stay
demolition order
tree removal
withdrawal of writ petition
appeal dismissal
procedural law

Judgment

2026:BHC-GOA:276
                                               12 WP 661 2023

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.661 OF 2023

           MEDHA MADAN CHODANKAR                                     ... PETITIONER
             Versus
           KALINDI CHODANKAR AND ANR                                 ... RESPONDENTS


           Mr. Bhavesh Lotlikar, Advocate for the Petitioner.

           Mr. Pankaj Chodankar with Ms. Kalpana Superkar, Advocates for
           Respondent No. 1.

           Mr. Geetesh Shetye, Additional Government Advocate for Respondent
           No. 3.


                                 CORAM:- VALMIKI MENEZES, J.
                                 DATED :- 17th February, 2026

           P.C.:


           1.      The order challenged in this petition is dated 04.05.2023, passed
           by the Additional Director of Panchayats, granting ex-parte stay of the
           demolition order directing the removal of trees. In the meantime,
           Appeal bearing No. ADP-I/Pehna-de-Franca/PA. 229/2023 has been
           dismissed for non-appearance on 11.02.2026. In this view of the
           matter, the present petition would be rendered infructuous.


           2.      At this stage the learned Advocate for the Petitioner, in view of
           the Appeal having been disposed of, seeks to withdraw this petition
           with leave to revive the same in the event that the Appeal before the

                                                  Page 1 of 2
                                               17th February, 2026
                               12 WP 661 2023


Director of Panchayat is restored. The Writ Petition is dismissed as
withdrawn with leave as prayed for.



                                          VALMIKI MENEZES, J.




                                  Page 2 of 2
                               17th February, 2026

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