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Bombay High Court

DR. MAHADEO BABURAO GHULEversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY, DEPT. OF MAHA. ROAD TRANSPORT AND ORS.

Decided
Disposal
Dismissed

Holding

The review petition is dismissed as it is not maintainable; the matter must be pursued by appeal.

Summary

Dr. Mahadeo B. Ghule filed a review petition challenging the High Court's order dated 8 July 2019 in PIL No. 205 of 2016, alleging an error apparent on the face of the record and non‑consideration of relevant statutory provisions. The petitioner sought to re‑argue the entire PIL on its merits. The Court held that such re‑argument is beyond the scope of a review and that the appropriate remedy is an appeal against the impugned order. Consequently, the review petition was dismissed for lack of merit. The Court also ordered that no costs be awarded.

Issues considered

  • Whether the review petition is maintainable on the ground of an error apparent on the face of the record and non‑consideration of statutory provisions.
  • Whether a review jurisdiction permits re‑argument of the merits of the original PIL.

Subjects

  • review jurisdiction
  • public interest litigation
  • error apparent on record
  • statutory provisions
  • costs
  • appeal

Judgment

2026:BHC-AS:35427-DB


                                                                      6-RPI-1-2020.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                  REVIEW PETITION NO. 1 OF 2020
                                               IN
                            PUBLIC INTEREST LITIGATION NO. 205 OF 2016

            Dr. Mahadeo Baburao Ghule                                   .. Review Petitioner

                    Versus

            The State of Maharashtra and Ors.                           .. Respondents


                 Dr. Mahadeo B. Ghule, Petitioner appeared in person.

                 Mr. Prathmesh Mandlik, with Mr. Aaditya Mahamiya, i/b Mr.
                 Nitesh Bhutekar, for Respondent No. 2.



                                   CORAM: B. P. COLABAWALLA &
                                               FIRDOSH P. POONIWALLA, JJ.
                                   DATE:       AUGUST 27, 2026

            P. C.

            1.               The above Review Petition is filed seeking a review of the order

            dated 8th July 2019 passed in Public Interest Litigation No. 205 of 2016. The

            Review Petitioner is a party in person. It is in these circumstances that we

            have heard the Review Petitioner at great length. We have also perused the

            Review Petition.



            2.               Apart from ground (a) in the Review Petition, which says that the

            judgment under review suffers from an error apparent on the face of record
                                              Page 1 of 2
                                            AUGUST 27, 2026
            Darshan Patil
                                                                              6-RPI-1-2020.doc



                      and non-consideration of relevant statutory provisions, which in turn has

                      resulted in the deprivation of the legal rights of the Petitioner, nothing has

                      been pointed out to us in that regard. In fact, the Petitioner in person has

                      sought to re-argue the entire Public Interest Litigation on merits. This is also

                      clear from the grounds raised in the Review Petition. Unfortunately, this is

                      not the remit of our Review Jurisdiction. If the Petitioner is aggrieved by the

                      order passed by this Court dated 8th July 2019, his remedy lies in challenging

                      the said order. We cannot sit in Appeal over the order passed by the alternate

                      bench and rehear the matter.



                      3.              In these circumstances, we find no merit in the above Review

                      Petition, and it is accordingly dismissed. However, in the facts and

                      circumstances of the case, there shall be no order as to costs.



                      4.              This order will be digitally signed by the Private Secretary/

                      Personal Assistant of this Court. All concerned will act on production by fax

                      or email of a digitally signed copy of this order.



                      [FIRDOSH P. POONIWALLA, J.]                      [B. P. COLABAWALLA, J.]




                                                      Page 2 of 2
                                                    AUGUST 27, 2026
                      Darshan Patil

Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 29/08/2026 14:54:55


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