Bombay High Court

ANKITA ASHOK HULEversusTHE STATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER AND ORS

Decided: 19 August 2026
Disposal: Disposed Off

Holding

A writ petition is not maintainable and must be dismissed when the petitioner has already invoked the statutory remedy of appeal.

Summary

The petitioner, Ankita Ashok Hule, filed a writ petition before the High Court of Bombay challenging an action of the State of Maharashtra. The petitioner’s counsel informed the court that a separate appeal had already been filed before the appropriate Appellate Authority and was scheduled for hearing on the same day. The learned Additional Government Pleader for the State highlighted that the statutory remedy of appeal had been invoked. The Court examined whether the writ petition could be entertained when a statutory appeal is pending. It held that the existence of a pending appeal bars the writ petition from being entertained. Consequently, the writ petition was disposed of without further consideration.

Issues considered

Whether a writ petition is maintainable when the petitioner has already invoked the statutory remedy of appeal before the appropriate authority

Subjects

writ petition
statutory appeal
maintainability
jurisdiction
disposal

Judgment

  2026:BHC-AS:34437

                                                                                    906 wp 10511 of 2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO.10511 OF 2026

                      Ankita Ashok Hule                                     ...   Petitioner
                            versus
                      The State of Maharashtra and Ors.                     …     Respondents

                      Mr. Sagar G. Talekar, for Petitioner.
                      Mr. Y.D.Patil, AGP for State.

                                           CORAM:      N.J.JAMADAR, J.

                                           DATE :      19 AUGUST 2026

                      P.C.

                      1.       Heard the learned Counsel for the parties.

                      2.       Learned AGP informed the Court that the Petitioner has already filed an

                      appeal before the Appellate Authority and the Appeal is posted for hearing

                      today.

                      3.       In view of the aforesaid submission, as the Petitioner has already

                      invoked the statutory remedy of appeal, this Writ Petition does not deserve to

                      be entertained and, thus, stands disposed.




                                                                            ( N.J.JAMADAR, J. )




                      SSP                                                                      1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 20/08/2026 19:11:52

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