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
- Maharashtra Prohibition Act, 1949 — s. 137(2)
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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