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Bombay High CourtWP/6056/2023disposed off

Ashok Babanrao Khokarale v. The State Of Maharashtra Through The Secretary And Others

2023-06-08Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade1 pages

923wp6056-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.6056 OF 2023 WITH CA/6875/2023 IN WP/6056/2023 ASHOK BABANRAO KHOKARALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Mr. D. R. Jayabhar, Advocate for the Petitioner, Mr. S. G. Karlekar, AGP for the Respondents State

CORAM

: RAVINDRA V. GHUGE, & Y. G. KHOBRAGADE, JJ.

DATE : 8th June, 2023 ORDER:

1.

This matter was heard for some time.

2.

The learned Advocate for the Petitioner submits on instructions that the Petitioner be permitted to withdraw this petition with liberty to prefer a civil suit.

3.

In view of the above, this petition is disposed off as withdrawn on instructions. However, we make it clear that if the Petitioner files a civil suit and it turns out to be a vexatious cause of action, the court dealing with the said suit would be at liberty to impose exemplary costs on the Petitioner.

4.

The Civil application does not survive and stands disposed off.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan