Bombay High Court
LAXMAN NAMDEV MUTKULE AND OTHERSversusTHE SUB DIVISIONAL OFFICER HINGOLI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court allowed the withdrawal of the writ petition and dismissed it as withdrawn.
Summary
The petitioners sought a stay of an interim order but the competent authority later issued a final order. The petitioners then applied to withdraw the writ petition and to challenge the final order in separate proceedings. The Court examined whether a writ petition could be withdrawn after a final order had been passed. It held that the petitioners were entitled to withdraw the writ petition. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to contest the final order in appropriate proceedings.
Issues considered
- Whether a petitioner may withdraw a writ petition after a final order has been passed by the competent authority
- Whether the court can permit the petitioner to challenge the final order in separate proceedings
Subjects
- writ petition
- withdrawal
- interim order
- stay
- final order
- civil procedure
Judgment
2026:BHC-AUG:38655
1 1-WP-7233-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 WRIT PETITION NO. 7233 OF 2026
Laxman Namdev Mutkule And Others
VERSUS
The Sub Divisional Officer Hingoli And Others
…..
Mr. Deshmukh Shriram Vinod, Advocate for the Petitioner.
Mrs. Vaishali Chaudhary, AGP for Respondent – State.
…..
CORAM : MANJUSHA DESHPANDE, J.
DATE : 24 AUGUST 2026
PER COURT :
1. Learned counsel for the petitioner submits that the petitioner has
challenged the interim order refusing stay in the present writ petition. He
submits that during the pendency of the present writ petition, the final
order has been passed by the Competent Authority, the petitioner seeks
permission to withdraw the present writ petition and challenge the final
order in appropriate proceedings.
2. The petitioner is permitted to withdraw the present writ petition.
3. Hence, the writ petition is dismissed as withdrawn, with liberty to
challenge the subsequent order in appropriate proceedings.
[ MANJUSHA DESHPANDE, J. ]
Kiran Kawre
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