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Bombay High Court

AMAR ATMARAM SAGALEversusTHE UNION OF INDIA THROU. THE CHIEF POSTMASTER GEN. MAHARASHTRA CIRCLE AND ORS

Decided
Disposal
Dismissed

Holding

A writ petition under Article 226 is not maintainable when an alternative statutory remedy is available and the petitioner has not exhausted that remedy.

Summary

The petitioner, Amar Atmaram Sagale, filed a writ petition under Article 226 challenging a decision of the Central Administrative Tribunal (CAT) that had denied his relief. The petition was dismissed because the petitioner had already pursued the remedy before the CAT and the writ petition was deemed premature and without merit. The court noted that the petitioner’s counsel failed to appear despite a prior order. It held that an alternative statutory remedy was available and that the writ petition was therefore not maintainable. Consequently, the petition was dismissed.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when the petitioner has an alternative statutory remedy before the Central Administrative Tribunal
  • Whether the petitioner’s failure to appear before the court affects the maintainability of the writ petition

Subjects

  • Article 226
  • Writ Petition
  • Central Administrative Tribunal
  • Alternative statutory remedy
  • Dismissal

Judgment

                                                                            (3)-WP-13052-24.doc

   PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                   WRIT PETITION NO. 13052 OF 2024
PANCHAL   Date:
          2026.09.18
          10:15:45
          +0530


                       Amar Atmaram Sagale                            ...Petitioner
                            Versus
                       The Union of India & Ors.                      ...Respondents
                                                      ...
                       None for the Petitioner.
                       Mr. Aniruddha A. Garge, for the Respondents.
                                                      ...

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

                                      DATE : 17th SEPTEMBER, 2026.


                       P.C.:
                       1.        In view of the order dated 10 th September, 2026, we
                       find that the Petitioner’s Counsel has not turned up in the
                       instant proceeding.



                       2.        Learned Counsel for the contesting Respondents on
                       the other side submits that even under the facts and
                       circumstances the Writ Petition under Article 226 of the
                       Constitution of India is not maintainable, as initially the
                       Petitioner has pressed the OA before the learned Central
                       Administrative Tribunal. The relief was negated, which was
                       again subject matter of challenge before this Court in writ
                       jurisdiction. Later on, while entertaining the Writ Petition only
                       leave that was accorded was to press the Application, which


                                                       1
                                                       (3)-WP-13052-24.doc


was again turned down by the Respondent. The said decision
can be challenged before the learned Central Administrative
Tribunal.



3.          In light of the above, Writ Petition is devoid of merits
and liable to be dismissed.



4.          In view of an alternate statutory efficacious remedy
the Writ Petition is devoid of merits and liable to be dismissed.
Under the facts and circumstances of the case, we find that in
spite of our endeavour extended to the Petitioner’s counsel vide
order dated 10th September, 2026, he has not turned up in the
instant proceeding.



5.          For the above reasons, including availability of
alternate efficacious remedy as noted above, we are not
inclined to entertain the present Petition.



6.          The Writ Petition is Dismissed.




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




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