Bombay High Court

RELIANCE RETAIL LIMITED (FORMERLY KNOWN AS RELIANCE FRESH LIMITED) AND ANRversusTHE CONTROLLER OF RATIONING AND DIRECTOR CIVIL SUPPLIES AND ANR

Decided: 18 April 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI KAMAL KHATA

Holding

A writ petition under Article 226 is not maintainable against an order of a judicial authority; leave to withdraw the petition with liberty to file a revision was granted.

Summary

The petitioners, Reliance Retail Ltd. and others, filed a writ petition under Article 226 of the Constitution challenging an order dated 28 February 2017 passed by a judicial authority. The respondents, the Controller of Rationing and Director Civil Supplies, opposed the petition. The Court held that a writ petition under Article 226 is not maintainable against an order of a judicial authority. Consequently, the petitioners sought leave to withdraw the petition while retaining the right to challenge the impugned order through a revision proceeding, subject to limitation law. The Court granted the leave and liberty to withdraw the petition and to file a revision, and disposed of the matter as withdrawn.

Issues considered

Whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by a judicial authority
Whether the petitioners may be permitted to withdraw the writ petition and retain the right to challenge the order by way of a revision

Legislation cited

Constitution of India — s. Article 226

Subjects

Article 226
Writ petition
Judicial authority
Revision
Limitation
Petition withdrawal

Judgment

DTG                                                            170-Wp-5357-2017.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 5357 OF 2017

Reliance Retail Limited & Anr.                             … Petitioners
         V/s.
The Controller Of Rationing And
Director Civil Supplies & Anr.                             … Respondents
                   _______________________________________

Mr. Pawan Mali a/w Mr. Gaurav Thakur and Ms. Aditi Kambli i/b A.S. Dayal
& Associates for Petitioners.

Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
              _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 18th April 2026
P.C. :

1)              A writ Petition under Article 226 of the Constitution of India is

not maintainable against an Order passed by Judicial Authority.

2)              In view thereof, faced with the said difficulty, learned Advocate

for Petitioners on instructions seeks leave to withdraw Petition with liberty to

challenge the impugned Judgment and Order dated 28 th February 2017, by

way of a Revision subject to law of limitation.

2.1)            Leave and liberty granted.

3)              Disposed off as withdrawn with aforesaid liberty.


                ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )

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