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Bombay High Court

VILAS DAYARAM PATILversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is allowed to be withdrawn with liberty for the petitioner to make a representation to the municipal corporation.

Summary

Vilas Dayaram Patil filed a writ petition seeking multiple reliefs, including quashing an order dated 8 June 2026, mandamus for appointment as Supervisor (Education), and stays on the said order. During the hearing, the petitioner’s counsel requested permission to withdraw the petition while retaining the liberty to make a representation to the municipal corporation. The court considered whether a petition could be withdrawn after proceedings had commenced and whether the petitioner could be allowed to make a representation thereafter. It held that withdrawal was permissible provided the petitioner was given a reasonable time to make the representation. Accordingly, the court allowed the petition to be withdrawn with liberty to make the representation within two weeks and to have the matter decided within four weeks thereafter. All other rights and contentions of the parties were kept open.

Issues considered

  • Whether a writ petition can be withdrawn after it has been heard and before final disposal
  • Whether the petitioner may be granted liberty to make a representation to the municipal corporation after withdrawal

Subjects

  • writ petition
  • withdrawal
  • mandamus
  • stay order
  • representation
  • municipal corporation
  • high court

Judgment

                                               1 of 2                            15 - WP-7751-2026.DOC



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO. 7751 OF 2026

Vilas Dayaram Patil                                                                        Petitioner
       versus
The State Of Maharashtra
Thru Secretary and Ors                                                                  Respondents

                                 _______
Mr. Laxman Shivajirao Deshmukh for Petitioner.
Mr. K. B. Dighe for Respondent Nos. 2 and 3-PCMC.
Mrs. Pooja Patil, AGP for State.
                                                _______

                                    CORAM:           G. S. KULKARNI &
                                                     AARTI SATHE, JJ.

                                    DATE:            06th August, 2026

P.C.

1.              This Petition under 2026 is filed praying for the substantive relief :

          A) Call for the relevant papers and documents from the office of the Respondent
          No. 3 and after going through the same, quash and set aside the impugned Orders
          dated 08th June, 2026, issued by the Respondent No. 3 and for that purposes issue
          appropriate writ and/order.

          B) In the alternative direct the Respondent to repatriate the Petitioner to the vacant
          post of Supervisor (Education) in the Respondent No.2 Corporation and for that
          purposes issue writ of mandamus and/or order in the nature of mandamus.

          C) Pending hearing and final disposal of the Petition stay the operation,
          implementation and execution of the orders dated 08th June, 2026, issued by the
          Respondent No.3 and for that purposes issue appropriate writ and/order.

          D) Pending hearing and final disposal of the Petition direct the Respondent Nos. 2
          and 3 to allow the Applicant work and discharge the duties of Assistant Project
          Officer and for that purposes issue appropriate writ and/or order.

          E) In the alternative to prayer clause (D) Pending hearing and final disposal direct
          the Respondent Nos. 2 and 3 to allow the Applicant to work and discharge the
          duties of vacant post of Supervisor and for that purposes issue appropriate writ
          and/or order.




Bharati
                                     2 of 2                       15 - WP-7751-2026.DOC



2.         After the Petition was heard for some time, learned Counsel for the

Petitioner seeks time to withdraw the present Petition with a liberty to the

Petitioner to make the representation to the Municipal Corporation.

3.         If the representation is made within period of two weeks from today.

Let the same be decided within period of four weeks thereafter.

4.         All rights and contentions of parties are expressly kept open.

5.         This Petition is allowed to be withdrawn with liberty as prayed for.



           (AARTI SATHE, J.)                     (G.S.KULKARNI, J.)




Bharati


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