Bombay High Court

SHANKAR CHANDRAKANT BATINWARversusTHE STATE OF MAHARASHTRA THR THE ADDITIONAL CHIEF SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed of, granting the petitioner liberty to approach the Maharashtra Administrative Tribunal as an alternate efficacious remedy.

Summary

Shankar Chandrakant Batinwar filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the State of Maharashtra. The respondent State, through its Additional Government Pleader, contended that the petitioner had an alternate efficacious remedy by approaching the Maharashtra Administrative Tribunal. The Court examined whether the existence of such an alternative remedy barred the writ petition. Relying on the principle that a petition may be dismissed when a competent alternative forum is available, the Court granted the petitioner liberty to approach the Administrative Tribunal. Consequently, the writ petition was disposed of without further adjudication on the merits.

Issues considered

Whether the petitioner has an alternate efficacious remedy in the Maharashtra Administrative Tribunal that bars the writ petition.
Whether the High Court can grant liberty to approach the Administrative Tribunal and dispose of the writ petition.

Subjects

writ petition
alternative remedy
administrative tribunal
jurisdiction
high court order

Judgment

2026:BHC-AUG:42605-DB


                                                                     wp12326-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                   WRIT PETITION NO.12326 OF 2026

                 Shankar Chandrakant Batinwar                         PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                            .......
                 Mr. S. V. Kurundkar h/f Mr. S. A. Nagarsoge, Advocate for
                 Petitioner

                 Mr. B. B. Bhise, AGP for Respondent - State
                                               ....…

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

                                      DATE : 15th SEPTEMBER, 2026

                 ORDER :


                 1.     Learned AGP submits that alternate efficacious remedy of

                 approaching Maharashtra Administrative Tribunal is available to

                 the Petitioner.


                 2.     The Writ Petition is disposed of by granting liberty to the

                 Petitioner to approach Maharashtra Administrative Tribunal.



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

                 drp/wp12326-26.doc

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