Bombay High Court

GANGAPUTRA MASTSYAVAYASAY SAHAKARI SANSTHA LTD THROUGH ITS PRESIDENT GANESH BHIKAJI SURYAWANSHIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

The order dated 03.08.2015 of the Commissioner of Fisheries is unsustainable and must be quashed.

Summary

The petitioner, Gangaputra Mastsyavayasay Sahakari Sanstha Ltd, challenged an order dated 03.08.2015 issued by the Commissioner of Fisheries, Maharashtra, in Revision Application No. 6 of 2015. The High Court noted that a later judgment dated 18.04.2026 in Writ Petition No. 6807 of 2017 rendered the challenged order unsustainable. Consequently, the Court ordered the quashing of the 2015 order. The Court directed the petitioner to approach the State Government within eight weeks for any further relief. It also instructed the concerned authority to consider limitation issues and decide the revision on its merits within six months, after which the writ petition was disposed.

Issues considered

Whether the order dated 03.08.2015 of the Commissioner of Fisheries is sustainable in view of the later judgment in Writ Petition No. 6807 of 2017.
Whether the petitioner is barred by limitation from seeking relief.
Whether the revision application should be entertained and decided on merits.

Subjects

Writ petition
Revision
Fisheries
Limitation
Quash order
High Court of Bombay

Judgment

2026:BHC-AUG:35021



                                                                    938 WP No.10147.2015
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             WRIT PETITION NO. 10147 OF 2015

                     GANGAPUTRA MASTSYAVAYASAY SAHAKARI SANSTHA LTD
                     THROUGH ITS PRESIDENT GANESH BHIKAJI SURYAWANSHI
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ***
              Advocate for the Petitioner : Mr. C. R. Thorat
              AGP for Respondents-State : Mr. V. M. Chate
              Advocate for Respondent No. 6 : Mr. R. T. Nagargoje
                                               ***

                                 CORAM : SACHIN S. DESHMUKH, J.
                                   Date : 11th August, 2026
              ORDER :-


              1.           The   petitioner   has     challenged   the   order    dated

              03.08.2015     rendered    by    the     Commissioner      of   Fisheries,

              Maharashtra State, Mumbai, in Revision Application No. 6 of 2015.


              2.           The parties are ad idem that in light of the order dated

              18.04.2026 passed by this Court in Writ Petition No. 6807 of 2017

              (along with other connected matters), the order under challenge is

              unsustainable and as such, the same is liable to be quashed and

              set aside.


              3.           However, this shall not preclude the petitioner from

              approaching the State Government within a period of eight (8)

              weeks from today.
                                                       938 WP No.10147.2015
                                  -2-



4.            The   concerned   Authority    shall,   while   considering

limitation, take into account that the petitioner was prosecuting the

preset writ petition before this Court.



5.            Upon the presentation of the said revision within the

stipulated period, the concerned Authority shall decide the same on

its merits within a period of six (6) months thereafter.



6.            With the aforesaid directions, the writ petition stands

disposed of.



                                        (SACHIN S. DESHMUKH, J.)



Omkar Joshi

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