Bombay High Court
VIMALBAI PANDURANG NALAWADE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed, and the petitioners are directed to avail the revision remedy under Section 138 of the Maharashtra Prohibition Act, 1949 within six weeks.
Summary
The petitioners challenged an order of the Commissioner, State Excise, Maharashtra, alleging grievance. The respondents argued that the petitioners possessed an alternative and effective remedy by filing a revision under Section 138 of the Maharashtra Prohibition Act, 1949. The Court examined whether the writ petition was maintainable given the availability of the statutory revision remedy. Concluding that the petitioners should pursue the revision, the Court declined to entertain the writ petition. The petition was therefore disposed, with liberty granted to the petitioners to file a revision within six weeks, and any delay to be considered by the revisional authority.
Issues considered
- Whether the writ petition under Article ... is maintainable when an alternative statutory revision remedy under Section 138 of the Maharashtra Prohibition Act, 1949 is available.
Legislation cited
- Maharashtra Prohibition Act, 1949 — s. 138
Subjects
- writ petition
- revision
- excise
- Maharashtra Prohibition Act
- alternative remedy
- jurisdiction
Judgment
2026:BHC-AUG:6380
Dilwale 1 77-WP-6385-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
77 WRIT PETITION NO. 6385 OF 2020
Vimalbai Pandurang Nalawade And Others
VERSUS
The State Of Maharashtra And Others
...
Advocate for the Petitioner : Mr. Y. G. Birajdar h/f Mr. Deshmukh Sachin
S.
AGP for Respondents: Mrs. D. S. Jape
Advocate for Respondent No.5 : Mr. Vikram S Undre
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 12.02.2026
PER COURT :
1. The petitioners are aggrieved by the order passed by the
Commissioner, State Excise Maharashtra. The learned counsel for the
respondents submits that the petitioners have an alternate efficacious
remedy of filing a revision before the State Government under Section
138 of the Maharashtra Prohibition Act, 1949.
2. In view of the above, I am not inclined to entertain the present
petition and the same stands disposed of with liberty to the petitioners to
avail the said remedy within a period of six weeks from today. The delay
caused while prosecuting the present petition shall be considered by the
Revisional Authority, if the revision is filed within the stipulated period of
six weeks.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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