The High Court accepted an affidavit tendered by the petitioner's counsel stating written instructions to withdraw the writ petition and granted leave to do so without expressing any opinion on the merits or maintainability.
Leave to withdraw the writ petition is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4898 OF 2016
Vijaykumar Shantaram Bhamre .. Petitioner Versus State of Maharashtra & ors .. Respondents
Mr.G.S.Godbole with Mr.Sameet Kothari i/b Ashish Agarkar and Asna Patel for the petitioner.
Mr.B.V.Samant, AGP for the respondent nos.1 to 6.
Mr.A.G. Damle, Sr Counsel with Ms.Swati Sagvekar for respondent no.7.
CORAM: S.C. DHARMADHIKARI & SMT.BHARATI H.DANGRE,JJ.
DATED : 16th FEBRUARY, 2018
P.C :-
1 On the earlier occasion, Mr.Godbole, learned counsel appearing for the petitioner argued this petition, but during the course of the arguments, we indicated to him that no relief can be granted in writ jurisdiction, particularly
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because of the stand taken by both the State Government as
also the private respondent no.7 in the affidavits filed in reply and which was purported to be controverted by petitioner by filing a rejoinder.
2 Once these rival contentions raised a factual dispute, we had indicated to Mr.Godbole that we are not inclined to grant any relief in the writ jurisdiction. At that time, Mr.Godbole sought time to take instructions from the petitioner and particularly in writing on the withdrawal of the petition. Today, the petitioner's Advocate on record tenders an affidavit in which it is stated that written instructions have been given by the petitioner to the Advocate to withdraw this petition.
3 Mr.Damle, learned Senior Counsel appearing for
the respondent no.7 raised an objection to such an affidavit being taken on record and he says that it has a potential of being misused.
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4 We take this affidavit and place it on record of the
petition only to protect the interest of the Advocates. We do not wish to embarrass the Advocates when they seek leave to withdraw the Writ Petition and particularly because later on the litigants complaint that no instructions of this nature were given to them nor were they ever sought.
5 That is why for that reason alone, the affidavit is taken on record based on the written instructions and that affidavit, leave to withdraw the writ petition is granted with liberty to adopt proper proceedings, but we clarify that we have not expressed any opinion on the maintainability of such proceedings or the merits of the matter.
6 Petition stands disposed of in the above terms.
(SMT.BHARATI H. DANGRE,J) (S.C.DHARMADHIKARI,J)
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Vijaykumar Shantaram Bhamre
State of Maharashtra
S.C. Dharmadikari
Smt. Bharati H. Dangre
As recorded by the court registry
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