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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The Court held that a writ petition may be withdrawn when an alternate remedy is available, with liberty to pursue that remedy.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 Finding that the existence of an alternate remedy justified withdrawal, the Court permitted the petition to be withdrawn. Consequently, the petition was disposed of as withdrawn, and the Court directed that the time spent on the petition be considered for any future application for condonation of delay.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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