Bombay High Court

SATYAWAN@BANDUDEO GOVINDRAO JOSHI AND ANRversusSHRIRANG DATTATRYA UPADHE DIED THRU LES SMT GODAVARI SHRIRANG UPADHE AND ORS

Disposal: DISPOSED OFF

Holding

The Court held that the writ petition is not maintainable as an alternate remedy is available.

Summary

The petitioners, Satyawan@Bandudeo Govindrao Joshi and others, filed a writ petition against Shrirang Dattatrya Upadhe (deceased) and others. The petition sought relief without specifying the exact nature of the grievance. The Court examined whether the petition could be entertained when an alternative legal remedy was available to the petitioners. It held that the existence of an alternate remedy precludes the writ jurisdiction in this case. Consequently, the Court granted liberty to the petitioners to pursue the appropriate proceedings in the alternative forum. With this liberty, the writ petition was disposed of.

Issues considered

Whether the writ petition is maintainable when an alternate remedy is available

Subjects

Writ Petition
Alternate Remedy
Jurisdiction
Civil Procedure

Judgment

2026:BHC-AUG:38932



                                                                     60 WP4017.2012
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             60 WRIT PETITION NO. 4017 OF 2012

                  SATYAWAN@BANDUDEO GOVINDRAO JOSHI AND ANR
                                           VERSUS
                  SHRIRANG DATTATRYA UPADHE DIED THRU LES SMT
                         GODAVARI SHRIRANG UPADHE AND ORS
                                              ...
              Advocate for the Petitioner : Mr. Deshpande Murar V. & Mr. M D
              Narwadkar
                                              ...


                                           CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 27.08.2026

              PER COURT :-

              1.           In view of availability of the alternate remedy, it will

              be open for the Petitioners to file appropriate proceedings.


              2.           With the aforesaid liberty, the Writ Petition is

              disposed of.



                                                     (SACHIN S. DESHMUKH, J.)

              marathe

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