Case Note & Summary
The petitioners, Jyoti Baliram Thorat and others, filed a writ petition before the Bombay High Court challenging the acquisition of their land by the Mumbai Metropolitan Region Development Authority (MMRDA) for the construction of a metro car shed. The petitioners sought to withdraw the petition with liberty to file a fresh petition, as they wished to pursue an alternative remedy under Section 3G of the National Highways Act, 1956. The court, comprising Justice Manish Pitale and Justice Shreeram V. Shirsat, considered the request. The respondents, including MMRDA and the State of Maharashtra, did not oppose the withdrawal. The court allowed the withdrawal, granting liberty to the petitioners to file a fresh petition in accordance with law. The court also disposed of the interim application (Lodging No. 25234 of 2024) as infructuous. The judgment was pronounced on 23rd January 2026.
Headnote
A) Civil Procedure - Withdrawal of Petition - Liberty to File Fresh Petition - Petitioners sought to withdraw writ petition challenging land acquisition for metro car shed - Court allowed withdrawal with liberty to file fresh petition, noting that alternative remedy under Section 3G of National Highways Act, 1956 was available - Held that withdrawal with liberty is permissible to enable petitioners to avail alternative remedy (Para 1).
Issue of Consideration
Whether the petitioners should be permitted to withdraw the writ petition with liberty to file a fresh petition challenging the acquisition of land for the metro car shed.
Final Decision
The court allowed the withdrawal of the writ petition with liberty to file a fresh petition in accordance with law. The interim application (Lodging No. 25234 of 2024) was disposed of as infructuous.
Law Points
- Withdrawal of writ petition with liberty to file fresh petition
- Alternative remedy under Section 3G of National Highways Act
- 1956
- Land acquisition for metro project
- Maintainability of writ petition
