Bombay High Court

MOBIN SHAIKH MUNIRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is not maintainable as an alternate efficacious remedy exists, and the petitioner must first approach the Maharashtra Administrative Tribunal.

Summary

The petitioner, Mobin Shaikh Munir, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. The petition sought relief without first approaching the Maharashtra Administrative Tribunal. The Court examined whether the petition was maintainable given the existence of an alternate efficacious remedy. It held that the petitioner must first avail the alternative remedy before seeking judicial intervention. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to approach the Maharashtra Administrative Tribunal.

Issues considered

Whether a writ petition is maintainable when an alternate efficacious remedy is available under the Maharashtra Administrative Tribunal.

Subjects

writ petition
alternative remedy
jurisdiction
administrative law
Maharashtra Administrative Tribunal

Judgment

2026:BHC-AUG:42028-DB


                                                                        wp11807-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.11807 OF 2026

                 Mobin Shaikh Munir                                     PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                  RESPONDENTS

                                               .......
                 Mr. Sachin S. Randive, Advocate for the Petitioner
                 Mrs. Saie S. Joshi, AGP for Respondent - State
                                               .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                      DATE : 10th SEPTEMBER, 2026

                 ORDER :


                        Since, alternate efficacious remedy is available to the

                 Petitioner to approach Maharashtra Administrative Tribunal, the

                 Writ Petition is disposed of by granting liberty to the Petitioner to

                 avail the alternate remedy.



                 [ ABASAHEB D. SHINDE ]                  [ NITIN B. SURYAWANSHI ]
                          JUDGE                                     JUDGE

                 drp/wp11807-26.doc

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