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Bombay High Court

NATIONAL RESTAURANT ASSOCIATION OF INDIAversusTHE COLLECTOR STATE EXCISE PUNE AND ANR

Decided
Disposal
Disposed Off

Holding

The petitioners' grievances were deemed redressed by the State’s instruction, and the writ petitions were disposed of without further relief.

Summary

The petitioners, including Janardhan G. Thorat and the National Restaurant Association of India, filed writ petitions before the Bombay High Court seeking relief against the Collector of Pune regarding the imposition of a ‘Dry Day’ for liquor sales. They relied on earlier interim orders in similar cases from Washim District (Writ Petition No.6290 of 2023) and a Nagpur Bench order (Writ Petition No.2419 of 2023) that had granted relief concerning dry days. The respondents, through their counsel, informed the Court that the State had already issued a categorical instruction declaring 25 September 2026 a dry day and extending the prohibition on retail liquor sales until 4.00 pm on 14 September 2026. The petitioners accepted that their grievance was effectively redressed in light of this instruction. Consequently, the Court disposed of the writ petitions without further order.

Issues considered

  • Whether the Court should grant interim relief directing the imposition of a ‘Dry Day’ for liquor sales in Pune.
  • Whether the petitioners’ grievance remains viable after the State’s categorical instruction declaring a dry day.

Legislation cited

Subjects

  • Dry Day
  • Liquor prohibition
  • Writ petition
  • Interim relief
  • Maharashtra Prohibition Act

Judgment

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

 Pallavi

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
           Digitally signed
           by PALLAVI
PALLAVI    MAHENDRA
MAHENDRA   WARGAONKAR
WARGAONKAR Date:
           2026.09.11
                                            WRIT PETITION NO. 12052 OF 2026
           20:15:44 +0530




                              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.



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                                                            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



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                                                 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]




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