Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.