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Bombay High Court

ARVIND BHAGWATRAO CHIRKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petitions are dismissed as infructuous due to delay and change in licensing policy.

Summary

Several beer bar proprietors filed writ petitions (WP 5478/19 & Ors.) in the Bombay High Court challenging the denial or conditions of their liquor licences. The petitioners contended that the passage of time and subsequent changes in licensing policy rendered their petitions ineffective. The State of Maharashtra, represented by various Assistant Government Pleaders, opposed the petitions. The Court examined whether the delay and policy shift justified treating the petitions as infructuous. Finding that the petitioners had not timely pursued relief and that the regulatory framework had materially changed, the Court held the petitions could not be entertained. Consequently, all the writ petitions were disposed of as infructuous.

Issues considered

  • Whether writ petitions challenging licence grant are maintainable when filed after a significant lapse of time and after a change in licensing policy

Subjects

  • licensing
  • beer bar
  • writ petition
  • delay
  • infructuous
  • Maharashtra
  • High Court

Judgment

2026:BHC-AUG:3793-DB

                                                                    WP 5478/19 & Ors.
                                                  1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              902 WRIT PETITION NO. 5478 OF 2019

               SHRAVANI BEER SHOPEE THROUGH ITS PROPRIETOR S S MAKODE
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                   ...
              Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
                           AGP for Respondent/State : Mr. G.A. Kulkarni
                                                   ...
                              903 WRIT PETITION NO. 5479 OF 2019

                 HOTEL RADHIKA BEER BAR AND PERMIT ROOM THROUGH ITS
                                     PROPRIETOR S P BHOSALE
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                   ...
              Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
                            AGP for Respondent/State : Mr. S.R. Wakale
                                                   ...
                              904 WRIT PETITION NO. 5480 OF 2019

                HOTEL SWARAJYA BEER BAR AND PERMIT ROOM THROUGH ITS
                                    PROPRIETOR M B BHANDARI
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                   ...
              Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
                          AGP for Respondent/State : Ms. V.S. Choudhary
                                                   ...
                              905 WRIT PETITION NO. 5481 OF 2019

                HOTEL SHRIJEET BEER BAR AND PERMIT ROOM THROUGH ITS
                                      PROPRIETOR K S KOPLE
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                   ...
              Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
                            AGP for Respondent/State : Mr. N.D. Batule
                                                   ...
                              906 WRIT PETITION NO. 5482 OF 2019
                                                      WP 5478/19 & Ors.
                                    2


   HOTEL KISHOR BEER BAR AND PERMIT ROOM THROUGH ITS
                         PROPRIETOR P D RAKH
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
               AGP for Respondent/State : Mr. A.V. Lavte
                                     ...
                907 WRIT PETITION NO. 5483 OF 2019

                    ARVIND BHAGWATRAO CHIRKE
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
               AGP for Respondent/State : Ms. V.P. Dama
                                     ...
                908 WRIT PETITION NO. 5484 OF 2019

    HOTEL SAGAR BEER BAR AND PERMIT ROOM THROUGH ITS
                       PROPRIETOR S R DIKKHAT
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
             AGP for Respondent/State : Mr. M.K. Goyanka
                                     ...
                909 WRIT PETITION NO. 5485 OF 2019

                SIDDHESHWAR BHIMAYYA BHANDARI
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
             AGP for Respondent/State : Mr. G.A. Kulkarni
                                     ...
                910 WRIT PETITION NO. 5486 OF 2019

HOTEL AKASH BEER BAR AND PERMIT ROOM LOHATA THROUGH ITS
                   PROPRIETOR R R TOPE
                         VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                                                       WP 5478/19 & Ors.
                                    3

                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
             AGP for Respondent/State : Mr. M.K. Goyanka
                                     ...
                911 WRIT PETITION NO. 5487 OF 2019

                   ISHWAR VAIJNATHRAO TELANG
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
Advocate for the Petitioner : Ms. A.P. Pansare h/f. Mr. Jadhavar Aashish T
              AGP for Respondent/State : Mr. S.R. Wakale
                                    …

                    CORAM        : ARUN R. PEDNEKER AND
                                   VAISHALI PATIL-JADHAV, JJ.
                    Dated        : January 28, 2026

PER COURT :-

1.     The learned counsel for the petitioners submits that due to passage

of time and change in policies as regards the grant of licence, the present

writ petitions are rendered infructuous.

2.     In view of the above, the writ petitions are disposed of as

infructuous.



( VAISHALI PATIL-JADHAV, J. )           ( ARUN R. PEDNEKER, J. )




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