Bombay High Court

DILIP VIJAYKUMAR GOREversusTHE ADDITIONAL COLLECTOR, AHMEDNAGAR AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The Court held that the writ petition is not maintainable where an alternate efficacious remedy exists and allowed the petitioner to withdraw the petition.

Summary

The petitioner, Dilip Vijaykumar Gore, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the actions of the Additional Collector, Ahmednagar and others. The Additional Collector, through the learned Additional Government Pleader, contended that the petition was not maintainable because an alternate efficacious remedy was available. The petitioner sought permission to withdraw the writ petition and instead pursue the alternate remedy, requesting that the time already spent on the petition be taken into account. The Court, after considering the objection and the petitioner's request, granted leave to withdraw the petition. Consequently, the writ petition was disposed of, allowing the petitioner to seek relief through the alternate remedy.

Issues considered

Whether a writ petition is maintainable when an alternate efficacious remedy is available
Whether the petitioner may be permitted to withdraw the writ petition and pursue the alternate remedy

Subjects

maintainability
alternate remedy
writ petition
withdrawal
high court

Judgment

2026:BHC-AUG:31322



                                                                   43 WP7024.2013
                                                -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           43 WRIT PETITION NO. 7024 OF 2013
                                DILIP VIJAYKUMAR GORE
                                           VERSUS
                THE ADDITIONAL COLLECTOR, AHMEDNAGAR AND OTHERS
                                              ...
              Advocate for the Petitioner : Mr. S. N. Gaikwad h/f. Mr. Rajendra
              S. Kasar
              AGP for Respondent/State : Mrs. Chaitali Chaudhari Kutti
                                              ...

                                             CORAM : SACHIN S. DESHMUKH, J.
                                               Date : 27.07.2026

              PER COURT :-

              1.          Mrs. Chaitali Chaudhari Kutti, learned AGP raises
              objection to the maintainability of the Petition in view of
              availability of alternate remedy.


              2.          When confronted with same, learned counsel for the
              Petitioner seeks leave to withdraw the Petition with liberty to
              take recourse of the alternate efficacious remedy. The authority
              shall take into account the time spent in prosecuting the present
              Petition.


              3.          With the aforesaid liberty and clarifications, the Writ
              Petition stands disposed of.



                                                      (SACHIN S. DESHMUKH, J.)
              marathe

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