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Bombay High Court

KISHOR DAGDU SHIRKEversusSTATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY HOUSING DEPARTMENT

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the petition to be withdrawn with liberty to take recourse to an appropriate remedy.

Summary

The petitioners, Kishor Dagdu Shirke and others, filed a writ petition in the Bombay High Court. They later moved the Court seeking leave to withdraw the petition, requesting liberty to pursue any appropriate remedy thereafter. The learned counsel for the petitioners submitted a praecipe for this purpose. The Court examined the request and, finding no impediment, permitted the withdrawal. Accordingly, paragraph 1 of the earlier order was deleted and substituted to reflect the withdrawal with liberty. The order dated 10 February 2026 was corrected to incorporate this change and made available to the parties.

Issues considered

  • Whether the petitioners may be permitted to withdraw the writ petition with liberty to approach an appropriate remedy

Subjects

  • withdrawal of writ petition
  • civil procedure
  • liberty to approach appropriate remedy
  • high court order

Judgment

                                                                                                        WPL4655_2026.DOC
  2026:BHC-OS:3897-DB
                                This Order is Speaking to Minutes order of order dated //
                   Vidya Amin
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION

                                                 WRIT PETITION (L) NO. 4655 OF 2026

                        Kishor Dagdu Shirke & Ors.                                                ...Petitioners
                               Versus
                        State of Maharashtra & Ors.                                               ...Respondents
                                                                     _________

                         Ms. Bushra Sayed i/b. Pragya Mishra for the petitioners.

                                                                    __________

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

                                                                   DATE:            17 FEBRUARY 2026

                        P.C.

                        1.         Not on board. Upon mentioning, taken on board on a praecipe as moved

                        on behalf of the petitioners for speaking to the minutes of order dated 10

                        February, 2026.

                        2.         In the said order, paragraph 1 be deleted and substituted as under:

                                   “1.     The learned counsel for the petitioners seeks leave to withdraw this

                                   petition with liberty to take recourse to appropriate remedy.

                                   1A.     Allowed to be withdrawn with liberty as prayed for.”


                        3.         The order dated 10 February, 2026 be corrected accordingly and made

                        available to the parties.




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




Signed by: Vidya S. Amin                                           Page 1 of 1
Designation: PS To Honourable Judge                             17 February, 2026
Date: 18/02/2026 11:27:52


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