Bombay High Court

RAMCHANDRA YASHWANT DEVKARversusDAYANAND BABASAHEB GORE

Disposal: Disposed Off
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The Court may, at its discretion, allow a petitioner to withdraw a writ petition and dismiss it as withdrawn.

Summary

Ramchandra Yashwant Devkar filed a writ petition before the Bombay High Court, Kolhapur Circuit Bench, challenging the respondents. The Court, after hearing counsel, indicated it was not inclined to entertain the petition. On that basis, the petitioner's counsel sought leave to withdraw the petition while preserving the right to pursue any appropriate remedy. The Court exercised its discretion and granted leave to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn, with liberty to the petitioner to approach the appropriate forum thereafter.

Issues considered

Whether a writ petition can be withdrawn after the Court has indicated it is not inclined to consider the petition, and whether the Court may grant liberty to approach another remedy.

Subjects

writ petition
withdrawal
high court
civil appellate jurisdiction
discretionary power

Judgment

                                                     2-WP-894-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 894 OF 2026

Ramchandra Yashwant Devkar                                     ...Petitioner
     Versus
Dayanand Babasaheb Gore & Ors.                               ...Respondents

                                  …..
Adv. Laxman K. Kalel i/b Adv. Satish Sakat, for Petitioner.
                                  …..


                                  CORAM : SACHIN S. DESHMUKH, J.

                                  DATE     :   4th MARCH, 2026.
P.C:

1.         After hearing the learned counsel for the petitioner at length,

when this Court was not inclined to consider the writ petition, the

learned counsel for the petitioner, on instructions, seeks leave to

withdraw the petition with liberty to avail the appropriate remedy

available under law. Leave granted.

2.         The writ petition stands dismissed as withdrawn with aforesaid

liberty.

                                           [SACHIN S. DESHMUKH, J.]




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