Bombay High Court

LALITA ASHOK JAIN AND ORSversusCOMPETENT AUTHORITY NEE DISTRICT DEPUTY REGISTRAR OF THE COOPEATIVE AND ORS

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The petition is disposed of as withdrawn with liberty to contest the conveyance issue in a civil suit.

Summary

Petitioners Lalita Ashok Jain and others filed a writ petition challenging an order dated 19 December 2022 passed by the Competent Authority concerning the conveyance of land to a co-operative society. The petition sought relief against the order and also requested the court's intervention. The petitioners, through counsel, later applied to withdraw the writ petition, seeking liberty to contest the conveyance issue in a pending civil suit (Regular Civil Suit No. 60 of 2020) or by filing a fresh suit. The High Court examined the request and allowed the withdrawal, granting the petitioners permission to pursue the matter in the civil forum. Consequently, the writ petition was disposed of as withdrawn with liberty as prayed for.

Issues considered

Whether a writ petition challenging a competent authority's order can be withdrawn with liberty to contest the same issue in a civil suit

Subjects

withdrawal of writ petition
conveyance of land
civil suit
competent authority
co-operative society

Judgment

  2026:BHC-AS:35869

                          Renuka                                                908-WP-7970-2023.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 7970 OF 2023
                          Lalita Ashok Jain and Ors                             ...Petitioners
                                             V/s.

                          Competent Authority Nee District                  ...Respondents
                          Deputy Registrar Of The Co-operative
                          And Ors.
                                                         ________________
                          Mr. Prashant D. Patil for Petitioner.
                          Mr. Vishal G. Salvi with Mr. Tejas Pawar and Mr. Sandeep Chavan for
                          Respondent No. 2.
                          Mr. P. G. Sawant, AGP for Respondent-State.
                                                         ________________
                                                                 CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 1 SEPTEMBER 2026.


                          P.C.:


                          1)           Mr. Patil, the learned counsel appearing for the Petitioners,
                          on instructions, seeks leave of the Court to withdraw the Petition with
                          liberty to contst the issue of conveyance of land in favour of Respondent-
                          society in a Civil Suit. Petitioner can do so in pending Regular Civil Suit
                          No. 60 of 2020 or can file a fresh suit challenging the order of the
                          Competent Authority dated 19 December 2022.


                          2)           Writ Petition is accordingly disposed of as withdrawn with
                          liberty as prayed for.


                                                                             [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                            Page No.1 of 1
Designation: PA To Honourable Judge                      1 SEPTEMBER2026
Date: 02/09/2026 10:51:10

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