Suresh Bapurao Naikwade v. The State Of Maharashtra And Others

2025:BHC-AUG:32848-DB wp 9692.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO. 9692 OF 2025 Suresh Bapurao Naikwade

VERSUS

The State Of Maharashtra And Others ...

Advocate for Petitioner : Mr. G.N. Kulkarni (Mardikar) AGP for Respondents: Ms. S.S. Joshi

CORAM

: SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

Dated : November 27, 2025 PER COURT :- 1.

Heard learned advocate for the petitioner, who is raising objection for show cause notice dated 28.7.2025. He submits that, in view of the observations of the Hon'ble Supreme Court in case of M/s Techno Prints Vs. Chattisgarh Textbook Corporation and another arising out of SLP © No.10042 of 2023 decided on 12.2.2025, wherein following observation is made in paragraph no.16, which reads thus :- "16.

It is true that ordinarily, a Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides."

Even show cause notice can be challenged.

wp 9692.25.odt 2.

It appears that the petitioner has already challenged his suspension in writ petition no.8435 of 2023 before this Court and it is pending. Under such circumstance, for any subsequent event, whether he can challenge it by way of separate writ petition was the question.

3.

Upon query, learned advocate for the petitioner, upon instructions from the petitioner, seeks withdrawal of this petition, with liberty to raise all the contentions which the petitioner has raised in this petition in his pending writ petition.

4.

In view of the said statement, we allow withdrawal of this petition, with liberty as prayed, by keeping all the issues open. Writ Petition stands disposed off as withdrawn. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

AAA/-