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Bombay High Court

SONALI SUHAS DEULKARversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY STATE EXCISE AND OTHERS

Disposal
DISPOSED OFF

Holding

The notification is only a draft rule and not a law; therefore, the petition for quash is dismissed.

Summary

The petitioner filed a public interest litigation seeking quash of a notification dated 31 March 2022 issued by the Home Department, Maharashtra, which purported to introduce draft rules under Section 153 of the Maharashtra Prohibition Act. The State, through its Advocate General, clarified that the notification merely contained draft rules, had not been implemented, and was open for public objections, thus not having the force of law. The Court observed that the notification was not a final legislative instrument and therefore could not be subject to quash proceedings. Consequently, the petition was disposed of, with the Court allowing the petitioner to approach the Court again if further action arises. The previously ordered deposit of Rs. 25,000 by the petitioner was ordered to be returned.

Issues considered

  • Whether the notification dated 31.03.2022 constitutes a law or merely draft rules subject to public consultation.
  • Whether the petition seeking quash of the notification is maintainable.

Legislation cited

Subjects

  • Public Interest Litigation
  • Draft Rules
  • Notification
  • Maharashtra Prohibition Act
  • Administrative Law
  • Quash Petition

Judgment

                                  -1-
                                                              pil25.22.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

        908 PUBLIC INTEREST LITIGATION NO. 25 OF 2022

Sonali Suhas Deulkar                              ….Petitioner

VERSUS

The State of Maharashtra & others                 …..Respondents

…..
Mr. V. S. Undre, Advocate for the Petitioner.
Mr. S. B. Pulkundwar, AGP for the State.

                               CORAM : SMT VIBHA KANKANWADI
                                       & AJIT B. KADETHANKAR, JJ.
                              DATE      : 30th APRIL, 2026.
PER COURT :


1.       The present Public Interest Litigation has been filed for

quashed and setting side the notification dated 31.03.2022 issued by

the Home Department, Mantralaya, Mumbai.


2.    By order dated 15.12.2025, we had issued           notice to the

Respondents and Respondent No. 2 was directed to file affidavit-in-

reply by or before 09.01.2026. Till today, reply has not been filed.

However, upon oral instructions, which were directed to be taken by

the learned AGP, he submits that the said notification dated

31.03.2022 was in respect of draft rules or they were the draft rules

which were alleged to have been passed by exercising powers under
                                  -2-
                                                            pil25.22.odt

Section 153 of the Maharashtra Prohibition Act. The learned AGP,

upon instructions, makes a specific statement that these rules have

not been implemented and if at all, the Government wants to

implement the same, it has to seek the necessary permission from

the concerned Ministry or even may require to go before the floor.


3.    Here, it is to be noted that the notification dated 31.03.2022

appears to be only the draft rules (izk#i fu;e) and the notification

expressly states that the objections from the general public were

invited. It appears that the State intends to see the response from

the general public to the said notification and therefore, gave an

opportunity to the general public to put forth their grievances. Those

are the draft rules and have not taken the effect of legislation.


4.    In view of this position, we dispose of the present petition with

an opportunity to the Petitioner to approach this as and when

further action arises.


5.    The amount of Rs. 25,000/- directed to be deposited by the

Petitioner by order dated 15.12.2025 be returned to him.



( AJIT B. KADETHANKAR )                    ( SMT. VIBHA KANKANWADI )
         JUDGE                                        JUDGE
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