Jitendra Kawarilal Kothari v. State Of Maha., Ministry Of Co-Op. Marketing And Textile Industries, Thr. Chief Secy. And ORS

2025:BHC-NAG:9992 1 6. WP 7501 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.2040 OF 2025 IN WRIT PETITION NO.7501 OF 2024 JITENDRA KAWARILAL KOTHARI

VERSUS

STATE OF MAHARASHTRA MINISTRY OF CO-OP. MARKETING AND TEXTILE INDUSTRIES, THR. CHIEF SECY. AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. Bhangde, Advocate for Petitioner.

Ms. P.C. Bawankule, AGP for Respondent Nos.1 to 5-State. Mr. Pushkar Ghare, Advocate for Respondent No.7. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 29th SEPTEMBER 2025 1.

Heard learned Advocate for the petitioner.

2.

This is an application filed by the petitioner seeking permission to withdraw the instant petition with liberty to file a fresh petition.

3.

Learned Advocate for the petitioner submits that the instant petition is filed, raising challenge to the orders dated 02.11.2018 and 29.06.2020, passed by the respondents authorities. The said orders are inadvertently challenged. The petitioner in fact desired to challenge the subsequent orders passed in the second round of litigation, which are dated 23.06.2022, 09.11.2022 and 31.05.2024, passed by the respondents authorities.

2 6. WP 7501 of 2024.odt 4.

On perusal of the application and submissions advanced, the request for withdrawal of the petition appears to be reasonable. Considering the fact that notices were also not issued in the instant petition, there is no reason to reject the application. Although learned Advocate for respondent No.7 has filed reply opposing the application contending that the petitioner has been negligent, I find that the petitioner need not be deprived of his right to challenge the said orders.

5.

Having regard to the contents of the application and submissions advanced, the civil application is allowed. 6.

The petitioner is permitted to withdraw the instant petition with liberty to file a fresh petition. 7.

In view of the above, the Writ Petition is disposed of as withdrawn.

(PRAFULLA S. KHUBALKAR, J.) asd