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Bombay High Court

GAURI MANOJ KANICHHEY PROP. M/S. HOTEL RAMRAJversusTHE STATE OF MAHARASHTRA THR PRIN. SEC. HOME AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is not maintainable as the petitioner has availed the statutory remedy of revision, and therefore the petition is disposed of.

Summary

The petitioner, Gauri Manoj Kanichhey, challenged the cancellation of his FL‑III licence (No.2920) by the Collector under Section 137(2) of the Maharashtra Prohibition Act, 1949. An appeal to the Commissioner of State Excise was dismissed on 22 July 2026. The petitioner then filed a writ petition in the Bombay High Court seeking relief, while simultaneously filing Revision Application No. 34/2026 before the State Government. The Court observed that the petitioner had already invoked the statutory remedy of revision, and therefore the writ petition was not maintainable. Consequently, the writ petition was disposed of, with a direction to the State Government to decide the pending revision expeditiously, preferably within eight weeks of the order.

Issues considered

  • Whether a writ petition challenging the cancellation of a licence is maintainable when a statutory revision remedy has been filed

Legislation cited

Subjects

  • FL‑III licence
  • Maharashtra Prohibition Act
  • Section 137
  • revision remedy
  • writ petition
  • licence cancellation
  • statutory remedy

Judgment

                                                                                908 WP-12389-26.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 12389 OF 2026


                   Gauri Manoj Kanichhey                                           ...Petitioner

                           Versus

                   The State of Maharashtra & ors.                             …Respondents


                   Ms. Megha Jain, i/b Mr. Vinayak Salokhe, for the Petitioner.

                   Mr. Y D Patil, AGP for Respondents - State.


                                                   CORAM :           N. J. JAMADAR, J.
                                                   DATE        :     07th OCTOBER 2026

SAINATH
                   P.C.:
SANJAY
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.10.08
11:37:50 +0530     1.      Heard the learned Counsel for the parties.

                   2.      The challenge in this petition is to an order dated 22 nd

                   July, 2026 passed by the Commissioner of State Excise,

                   whereby the appeal preferred by the petitioner against an order

                   passed by the Collector cancelling the petitioner’s FL-III Licence

                   No.2920, under the provisions of Section 137(2) of the

                   Maharashtra Prohibition Act, 1949, came to be dismissed.

                   3.      Ms. Jain, the learned Counsel for the petitioner submits

                   that, the petitioner has assailed the order impugned in this

                   petition before the State Government in Revision. Since the

                   licence       of   the   petitioner   has       been   cancelled,   the   State
                   SAINATH, PA                                 1/2
                                                  908 WP-12389-26.DOC

Government be directed to hear and decide the Revision

expeditiously.

4.      Mr. Patil, the learned AGP, on instructions, submits that

the petitioner has filed Revision Application No. 34/2026, after

the filing of this petition.

5.      As the petitioner has already invoked the statutory remedy

of revision before the State Government, there is no propriety in

entertaining this petition.

6.      Hence, the Writ Petition stands disposed with a direction

to the State Government to hear and decide the Revision

Application No. 34/2026 as expeditiously as possible and,

preferably, within a period of 8 weeks from the date of

communication of this order.



                                         [N. J. JAMADAR, J.]




SAINATH, PA                        2/2


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