Bombay High Court

AHMEDNAGAR MUNICIPAL CORPORATIONversusSAYYED HAJI HAMID TAKIYA TRUST AND WAKF AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file appropriate proceedings later.

Summary

The Ahmednagar Municipal Corporation filed a writ petition (35 WR 9524 of 2013) before the Bombay High Court, Aurangabad Bench, challenging actions of the Sayyed Haji Hamid Takiya Trust and others. The petitioner's counsel sought to withdraw the petition, requesting liberty to initiate appropriate proceedings later. The Court, after noting the request, allowed the withdrawal and ordered the petition to stand disposed as withdrawn. The judgment also noted that any delay in filing subsequent proceedings would be considered, given the petitioner's bona fide pursuit of the matter. No substantive merits of the dispute were addressed.

Issues considered

Whether the writ petition is maintainable
Whether the Court can permit withdrawal of the petition with liberty to file fresh proceedings

Subjects

writ petition
withdrawal
maintainability
High Court
municipal corporation
bona fide

Judgment

2026:BHC-AUG:43449



                                                                     35 WP9524.2013
                                                -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             35 WRIT PETITION NO. 9524 OF 2013

                        AHMEDNAGAR MUNICIPAL CORPORATION
                                            VERSUS
              SAYYED HAJI HAMID TAKIYA TRUST AND WAKF AND OTHERS
                                               ...
              Advocate for the Petitioner : Mr. Vinayak Sudhakar Bedre
              AGP for Respondents: Mr. R. B. Dhaware
              Advocate for Respondent No. 12 : Mr. N. E. Deshmukh
              Advocate for Respondents : Mr. Tushar K. Nagarkar h/f. Mr.
              Talekar & Associates
                                               ...

                                           CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 22.09.2026

              PER COURT :-

              1.           When confronted with maintainability of the Petition,
              Mr. V. S. Bedre, learned counsel for the Petitioner, on
              instructions, seeks withdrawal of the Petition with liberty to file
              appropriate proceedings.


              2.           In view of the above, the Writ Petition stands disposed
              of as withdrawn with liberty as prayed above.


              3.           Delay, if any, caused in filing the proceedings, shall be
              considered in view of the fact that the Petitioner was bonafidely
              pursuing the present Writ Petition.



                                                      (SACHIN S. DESHMUKH, J.)
              marathe

Continue reading with your account

Checking your session…