Bombay High Court

JANARDHAN G THORAT AND ORSversusTHE COLLECTOR OF PUNE AND ANR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The court disposed of the writ petitions as the respondents’ directives satisfied the petitioners’ grievance, rendering further relief unnecessary.

Summary

The petitioners, including Janardhan G. Thorat and the National Restaurant Association of India, filed writ petitions before the Bombay High Court seeking the imposition of a ‘dry day’ and related restrictions on liquor sales in Pune. They relied on earlier interim orders in similar cases from Washim District and the Nagpur Bench, arguing that comparable relief should be granted. The respondents, the Collector of Pune and the State Excise authorities, issued categorical instructions that 25 September 2026 be observed as a dry day and that retail liquor sales be prohibited until 4:00 pm on 14 September 2026. Upon hearing, the court noted that the respondents’ directives effectively addressed the petitioners’ grievance. Consequently, the petitioners indicated they would not press the petition further. The court therefore disposed of the writ petitions, finding no further relief necessary.

Issues considered

What relief, if any, should be granted to impose a ‘dry day’ and restrict liquor sales in the petitioners’ case?
Whether the petition remains maintainable after the respondents have issued specific directives addressing the grievance?

Legislation cited

Maharashtra Prohibition Act, 1949 — s. 142(1)

Subjects

dry day
liquor prohibition
interim relief
writ petition
Maharashtra Prohibition Act

Judgment

                                                             47-48-WP-12053-2026+.odt

Pallavi

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 12052 OF 2026


          Janardhan G Thorat And Ors.                ...Petitioners
               Versus
          The Collector Of Pune And Anr              ...Respondents


                                     WITH
                        WRIT PETITION NO. 12053 OF 2026

          National Restaurant Association Of India   ...Petitioner
                    Versus
          The Collector State Excise Pune And Anr    ...Respondents

                                          ...
          Ms. Veena Thadhani a/w Ms. Rutuja Gaikwad for the
          Petitioners.

          Ms. Neha Bhide, GP a/w Mr. K.B. Dighe, Addl. G.P., and Mrs.
          P.J. Gavhane, AGP for Respondent Nos.1 and 2.

          Ms. Neha Bhide, GP a/w Mr. K.B. Dighe, Addl. G.P., and Mrs.
          P.J. Gavhane, AGP for Respondent Nos.1 and 2.

          Mr. Karl Thamboly a/w Mr. Sameer Pandit, Ms. Krina Gandhi,
          Mr. Chintan Pasad i/b. Wadia Ghandy & Co. for the Petitioner.

          Mr. Prashant Amrutkar, DCP. Pune District present.
                                          ...

                    CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                            ADVAIT M. SETHNA, J.

                    DATE      : 11th SEPTEMBER, 2026.



                                           1
                                                            47-48-WP-12053-2026+.odt




P.C.:
1.      The matter was heard at length on merits in the first

session.

2.      Mr. Karl Tamboly, learned counsel counsel for the

Petitioner in support of his submission placed reliance on

Interim Order dated 15th September 2023 passed in Writ

Petition No.6290 of 2023 in Washim District Liquor Bar

Association Vs. State of Maharashtra and Ors. By an order

dated 12th September 2023 issued by the Respondent –

Authorities       under   Section       142(1)   of   the      Maharashtra

Prohibition Act, 1949 (for short “the Act of 1949”), ‘Dry Day’

was to be observed and to be implemented on 19 th September

2023 and 28th September 2023 in the District of Washim and

on 29th September 2023 and 30th September 2023 in areas

within the local limits of police stations, mentioned therein.

3.      Similarly, the learned counsel for the Petitioner has relied

upon order dated 13th April 2023 in Writ Petition No.2419 of

2023 passed by the High Court of Judicature at Bombay,

Nagpur Bench, Nagpur. The Division Bench granted interim

relief in light of the paragraph 5 of the said order. The



                                    2
                                                 47-48-WP-12053-2026+.odt


Petitioner would thus submit that similar indulgence may also

be extended in the instant proceeding.

4.   In the second session, on instructions, Mr. Dighe would

state that 25th September 2026 shall be observed as a ‘Dry

Day’ and the prohibition on retail liquor sale shall continue to

operate on 14th September 2026 till 4.00 pm. He submitted

that in view of the categorical instructions, the instant Writ

Petition be disposed of.

5.   The learned counsel for the Petitioner in this backdrop,

fairly submits that the grievance of the Petitioner is redressed,

and the Petitioner is not pressing the Petition in light of the

above statement made by the learned counsel for the

Respondent - State.

6.   With the above observations and directions, the Writ

Petition is Disposed Of.




[ADVAIT M. SETHNA, J.]                       [CHIEF JUSTICE]




                                3

Continue reading with your account

Checking your session…