Bombay High Court

SHITAL RAMRAO TANDALEversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petitions are dismissed as the petitioners have an alternate and efficacious remedy under Clause 5 of the Government Resolution dated 07/12/2021.

Summary

The petitioners filed writ petitions challenging actions of the State of Maharashtra, alleging that the authorities had acted unlawfully. The Court observed that the petitioners have an alternate and efficacious remedy under Clause 5 of a Government Resolution dated 07/12/2021, which allows them to appeal to the Chief Executive Officer of the Zilla Parishad. Since this statutory remedy is available, the writ petitions were deemed not maintainable. The Court therefore disposed of the petitions, granting the petitioners liberty to pursue the alternative appeal. The matter was ordered to be decided expeditiously on its merits if the appeal is filed.

Issues considered

Whether a writ petition is maintainable when an alternate and efficacious statutory remedy is available under Clause 5 of the Government Resolution dated 07/12/2021?
Whether the High Court can dismiss the writ petitions on the ground of the existence of such an alternative remedy?

Subjects

alternative remedy
writ petition
jurisdiction
administrative law
government resolution
high court
Maharashtra

Judgment

2026:BHC-AUG:45632-DB


                                                 1                   138-139.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                           138 WRIT PETITION NO. 11259 OF 2026
                               SHASHIKANT CHANDRAKANT SANGALE
                                             VERSUS
               THE STATE OF MAHARASHTRA THROUGH IS PRINCIPAL SECRETARY
                                           AND OTHERS
                                               ...
              Mr. Shivprasad G. Jadhavar, Advocate for the Petitioner
              Ms. S. S. Joshi, AGP for Respondents/State
              Ms. Rani R. Tandale, Advocate for Respondent Nos.2 And 3
                                               ...
                           139 WRIT PETITION NO. 11269 OF 2026
                                    SHITAL RAMRAO TANDALE
                                             VERSUS
              THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
                                          AND OTHERS
                                               ...
              Mr. Shivprasad G. Jadhavar, Advocate for the Petitioner
              Mr. N. D. Batule, AGP for Respondents/State
              Ms. Rani R. Tandale, Advocate for Respondent Nos.2 And 3
                                               ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.

                                        DATE : 28th SEPTEMBER, 2026
              PER COURT :

              1.           Petitioners have alternate and efficacious remedy of

              filing Appeal before the Chief Executive Officer, Zilla Parishad in

              terms of Clause 5 of the Government Resolution dated 07/12/2021.

              2.           Writ petitions are, therefore, disposed of with liberty to

              the petitioners to file such appeal. If such appeal is filed by the

              petitioners, the same shall be decided as expeditiously as possible,

              on it’s own merits.



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)



              SVH

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