Bombay High Court

BEER WORLD AND WINE STORE THRU ITS PARTNER , KRISHNA GUNDU SHETTYversusTHE STATE OF MAHARASHTRA THRU THE MINISTRY OF STATE EXCISE

Decided: 28 September 2026
Disposal: DISPOSED OFF

Holding

The petition is not maintainable as the petitioner has already availed the statutory remedy of appeal.

Summary

The petitioner, Beer World and Wine Store through its partner Krishna Gundu Shetty, filed a writ petition challenging an order of the State Excise Department. The petition was filed after the petitioner had already filed a statutory appeal against the same order. The learned Additional Government Pleader for the State pointed out that the statutory remedy had been availed. The Court held that since the statutory appeal was pending, the writ petition could not be entertained. Consequently, the Court directed the appellate authority to decide the appeal expeditiously, preferably within four weeks, and disposed of the writ petition.

Issues considered

Whether a writ petition is maintainable when the petitioner has already availed the statutory remedy of appeal against the same order

Subjects

writ petition
statutory remedy
appeal
maintainability
High Court of Bombay

Judgment

                                                                       18-WP4569-2026.DOC

                                                                                   Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                     WRIT PETITION NO. 4569 OF 2026

                      Beer World And Wine Store Through Its
                      Partner, Krishna Gundu Shetty                          ...Petitioner
                                          Versus
                      The State Of Maharashtra Thru The
                      Ministry Of State Excise And Ors.                   …Respondents


SANTOSH
SUBHASH               Ms. Shubhra Swami, a/w Sagar Shetty, through VC, and
KULKARNI
Digitally signed by
                           Meghna Vijan, for the Petitioner.
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.29
                      Mr. Mohit Jadhav, Addl. GP, for the State.
14:57:05 +0530



                                                    CORAM:     N. J. JAMADAR, J.
                                                    DATED:     28th SEPTEMBER, 2026

                      PC:-

                      1.     Heard the learned Counsel for the parties.


                      2.     The learned Addl. GP points out that, the petitioner has

                      already availed the statutory remedy of appeal against the

                      impugned order.


                      3.     As the petitioner has already availed the statutory remedy

                      of appeal, there is no propriety in entertaining this petition.


                      4.     The Appellate Authority is requested to hear and decide

                      the appeal as expeditiously as possible and, preferably, within a




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                                           18-WP4569-2026.DOC

period of four weeks from the date of communication of this

order.


5.   The petition stands disposed.

                                     [N. J. JAMADAR, J.]




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