Bombay High Court

SUMIT BHARAT AKADEversusSOLAPUR MUNICIPAL CORPORATION AND ORS

Disposal: Disposed Off
Bench: MILIND N JADHAV NANDESH SHANKARRAO DESHPANDE

Holding

The writ petition is disposed of as withdrawn, allowing the petitioner to file the statutory appeal and preserving the limitation period.

Summary

The petitioner, Sumit Bharat Akade, sought to withdraw his writ petition against Solapur Municipal Corporation and others, requesting the court's permission to pursue a statutory appeal under Section 56(4) of the Maharashtra Municipal Corporations Act, 1949, and a revisional remedy under Section 451 of the same Act. The court entertained the petitioner's request, noting that the time spent on the writ petition would be excluded for limitation purposes in filing the statutory appeal. The petitioner, through counsel, pledged to file the appeal before the Standing Committee within two weeks and to have it decided within ten weeks. All contentions of both parties were kept open for the subsequent proceedings. Consequently, the writ petition was formally disposed of as withdrawn.

Issues considered

Whether a writ petition may be withdrawn while preserving the petitioner’s right to file a statutory appeal under the Maharashtra Municipal Corporations Act
Whether the period spent prosecuting the writ petition can be excluded for limitation purposes in filing the statutory appeal

Legislation cited

Maharashtra Municipal Corporations Act, 1949 — s. 451, 56(4)

Subjects

writ petition
withdrawal
statutory appeal
limitation period
Maharashtra Municipal Corporations Act

Judgment

                                                    1-WP-8680-2023 (C).doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 8680 OF 2023

                          Sumit Bharat Akade
                                VERSUS
                Solapur Municipal Corporation And Others

                                 ...
Mr. Ashok B. Tajane, Advocate for Petitioner.
Mr. Dilip Bodake a/w Mr. Viraj P. Dhumal for Respondent Nos.1, 2
and 3.
Mr. Sharad T. Bhosale for Respondent No.6
Mr. S. H. Kankal, AGP for the Respondent – State.
                                 ...
                       CORAM : MILIND N. JADHAV, &
                                   NANDESH S. DESHPANDE, JJ.

                         DATE    : 25th JUNE, 2026.
P. C. :

1.        After we expressed our mind to Mr. Tajane and pointed out

the order dated 17.06.2026, Mr. Tajane would persuade the Court to

allow the Petitioner to withdraw the present Petition, by keeping all

their contentions open for filing the statutory appeal available to the

Petitioner under Section 56(4) of the Maharashtra Municipal

Corporations Act, 1949 (‘said Act’), as also thereafter pursue the

revisional remedy available before the State Government under

Section 451 of the said Act.


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                                                                 1-WP-8680-2023 (C).doc


           2.       Needless to state that the time spent in prosecuting the

           present Writ Petition shall be waived off for the purpose of

           limitation in filing the statutory appeal as available to the Petitioner

           in accordance with law.

           3.       Mr. Tajane makes a statement that the said statutory appeal

           will be filed before the Standing Committee under Section 56(4) of

           the said Act within a period of two weeks from today.

           4.       If the same is filed, it shall be decided as expeditiously as

           possible and, in any event, within a period of ten weeks from the

           date of such filing, in accordance with law after hearing both the

           sides.

           5.       All contentions of both the parties are expressly kept open.

           6.       Writ Petition is disposed of as withdrawn.




           [NANDESH S. DESHPANDE, J.]                    [MILIND N. JADHAV, J.]
Sajakali




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