Bombay High Court
JUBEDABI MOHAMMAD ASHRAF DIED THROUGH LRS JOHRA BEGUM MOHAMMAD SAJIDversusTHE MUNICIAPL CORPORATION AURANGABAD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that a writ petition may be withdrawn when an alternate remedy is available, with liberty to pursue that remedy.
Summary
Smt. Jubedabi filed a writ petition before the Bombay High Court seeking relief. She later approached the Court requesting permission to withdraw the petition, contending that an alternate legal remedy was available to her. The Court examined whether it could allow the withdrawal and grant her liberty to pursue the alternate remedy. Finding that the existence of an alternate remedy justified withdrawal, the Court permitted the petition to be withdrawn. Consequently, the petition was disposed of as withdrawn, and the Court directed that the time spent on the petition be considered for any future application for condonation of delay.
Issues considered
- Whether a petitioner may be permitted to withdraw a writ petition when an alternate remedy is available
- Whether the Court can grant liberty to the petitioner to avail the alternate remedy after withdrawal
Subjects
- writ petition
- withdrawal
- alternate remedy
- condonation of delay
- high court
Judgment
2026:BHC-AUG:41655
Writ Petition No.8113/2015
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8113 OF 2015
Smt. Jubedabi w/o Mohammad Ashraf,
Since deceased, through L.R.
Johra Begum w/o Mohammad Sajid … PETITIONER
VERSUS
The Municipal Corporation, Aurangabad & ors. … RESPONDENTS
.......
Mr. B.R. Warma, Advocate for petitioner
Mr. Aditya Lokhande, Advocate holding for
M. S.S. Tope, Advocate for respondent No.1.
....…
CORAM : SACHIN S. DESHMUKH, J.
DATE : 3rd SEPTEMBER, 2026
PER COURT :
1. Learned counsel for the petitioner, on instructions, submits that, in
view of availability of alternate remedy, the petitioner may be permitted to
withdraw the petition with liberty to avail such alternate remedy as may
be available to the petitioner in accordance with law.
2. Permission, as prayed for, is granted.
Writ Petition No.8113/2015
:: 2 ::
3. Accordingly, the petitioner is permitted to withdraw the petition,
with liberty to avail the alternate remedy.
4. With the aforesaid liberty, petition stands disposed of as withdrawn.
5. Time spent while prosecuting the present petition shall be taken into
consideration by the concerned authority while considering the application
for condonation of delay.
(SACHIN S. DESHMUKH, J.)
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