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Bombay High Court

MOHAMMAD SARFRAJ BHAUDDIN KHAWAJAversusTHE STATE OF MAHARASHTRA AND ORS.

Disposal
Disposed Off

Holding

The Court held that the writ petition may be withdrawn and the petitioner may pursue the statutory appeal under Section 60 of the Maharashtra Police Act, 1951.

Summary

Petitioner Mohammad Sarfraj Bhauddin Khawaja challenged an externment order dated 25 May 2026 passed by the Sub‑Divisional Magistrate, Sawantwadi, by filing a writ petition under Article 226 of the Constitution seeking its quash. The State opposed the petition, invoking the Supreme Court’s decision in Godrej Sara Lee Ltd. v. Excise & Taxation Officer and contending that an alternative statutory remedy exists under Section 60 of the Maharashtra Police Act, 1951. The petitioner’s counsel acknowledged that the order is appealable under that provision and requested permission to withdraw the writ petition and file the statutory appeal within two weeks, asking that the time spent on the petition not be counted against the 30‑day limitation. The Court allowed the withdrawal, directed the petitioner to pursue the appeal under Section 60 without requiring condonation of delay, and disposed of the writ petition as withdrawn.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when an alternative statutory appeal under Section 60 of the Maharashtra Police Act, 1951 is available.
  • Whether the petitioner may be permitted to withdraw the writ petition and file the statutory appeal without condonation of delay.

Legislation cited

Subjects

  • Article 226
  • writ of certiorari
  • externment order
  • statutory appeal
  • Section 60
  • Maharashtra Police Act
  • withdrawal of petition
  • procedural law

Judgment

                                                                                 49 - CR WP - 649 - 2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAIBHAV
RAMESH
                                           CIRCUIT BENCH AT KOLHAPUR
JADHAV
Digitally signed by
VAIBHAV RAMESH
                                         CRIMINAL APPELLATE JURISDICTION
JADHAV
Date: 2026.08.21
20:17:08 +0530




                                      CRIMINAL WRIT PETITION NO. 649 OF 2026


                      Mohammad Sarfraj Bhauddin Khawaja                 …Petitioner
                                   V/s.
                      The State of Maharashtra And Ors.                 …Respondents
                                                      -----
                      Mr. Anil Patil for the Petitioner.
                      Mrs. Shubhangi N. Deshmukh, APP for the State-
                      Respondents.
                                               -------

                                                           CORAM :    ASHWIN D. BHOBE, J.
                                                            DATE :    18th August, 2026.
                      ORAL ORDER :



                      1.        Heard Mr. Anil Patil, learned Advocate for the Petitioner and Mrs.

                      Shubhangi Deshmukh, learned APP for the Respondent – State.


                      2.        By this     Petition, the Petitioner has sought the following

                      substantive relief:


                                “(A) By way of writ of certiorari or writ of mandamus or any
                                other appropriate writ like in nature under Article 226 of the
                                Constitution of India, this Hon’ble Court may kindly be pleased to
                                quash and set aside the administrative order dated 25.05.2026
                                passed by the Sub Divisional Magistrate sawantwadi, by which
                                the Externment of the Petitioner be quashed.”



                      Vaibhav                               1
                                                             49 - CR WP - 649 - 2026.doc


3.        Mrs. Shubhangi N. Deshmukh, learned APP for the State, relying

on the decision of the Hon’ble Supreme Court in Godrej Sara Lee Ltd. v.

Excise & Taxation Officer1 raises a preliminary objection to the

maintainability of this petition on the ground that the Petitioner has an

alternative statutory remedy against the impugned order under Section

60 of the Maharashtra Police Act, 1951.


4.        Section 60 of the Maharashtra Police Act, 1951 reads thus:


                 “60. Appeal

                        [(1)] Any person aggrieved by an order made
                 under section 55, [56, 57 or 57A] may appeal to the
                 State Government [or to such Officer as the State
                 Government may by order specify (hereinafter
                 referred to as "the specified officer")] within thirty
                 days from the date of such order.

                        [(2) An appeal under this section shall be
                 preferred in duplicate in the form of a
                 memorandum, setting forth concisely the grounds of
                 objection to the order appealed against, and shall be
                 accompanied by that order of a certified copy
                 thereof.

                 (3) On receipt of such appeal the State Government
                 [or the specified Officer] may, after giving a
                 reasonable opportunity to the appellant to be heard
                 either personally, or by a pleader, advocate or
                 attorney and after such further inquiry, if any, as it
                 may deem necessary, confirm, vary or cancel, or set

1(2023) SCC OnLine SC 95
Vaibhav                               2
                                                          49 - CR WP - 649 - 2026.doc


               aside the order appealed against, [or remand the
               case for disposal with such directions as it or he
               thinks fit, and make its or his order] accordingly :

                      Provided that, the order appealed against
               shall remain in force pending the disposal of the
               appeal, unless the State Government [or the
               specified Officer] otherwise directs.

                      [Explanation.- For the purposes of this sub-
               section the power to vary the order appealed against
               shall include, and shall be deemed always to have
               included, the power to hold such order in abeyance
               and to make conditional order permitting the person
               to enter or return to the area or such areas and any
               contiguous districts or part thereof, or to the
               specified area or areas, as the case may be, from
               which he was directed to remove himself.]

               (4) In calculating the period of thirty days provided
               for an appeal under this section, the time taken for
               granting a certified copy of the order appealed
               against shall be excluded.]”




5.        Faced with the objection raised by Mrs. Shubhangi N. Deshmukh,

learned APP, regarding the availability of an alternative statutory

remedy, Mr. Anil Patil, learned Advocate for the Petitioner, fairly states

that the impugned order dated 25th May 2026 passed by the Sub-

Divisional Magistrate, Sawantwadi, is appealable under Section 60 of

the Maharashtra Police Act, 1951.



Vaibhav                            3
                                                            49 - CR WP - 649 - 2026.doc


6.        Mr. Anil Patil, learned Advocate for the Petitioner on instructions

from the Petitioner, seeks leave to withdraw this Petition, with liberty to

file an Appeal before the Appellate Authority under Section 60 of the

Maharashtra Police Act, 1951. He, however, submits that the Petitioner

was pursuing this Petition bona fide and in good faith and therefore

requests that the period spent in pursuing this Petition be excluded, as

an Appeal under Section 60 of the Maharashtra Police Act, 1951, is

required to be filed within 30 days from the receipt of the order. He

states that the Appeal against the impugned order shall be filed within

two weeks from today.


7.        Mrs. Shubhangi N. Deshmukh, learned APP for the State, in all

fairness, submits that if an Appeal against the impugned order dated

25th May 2026 is filed by the Petitioner within two weeks from today,

the Respondents-State shall not raise any objection on the ground of

limitation and that the State would argue the matter on merits.


8.        In view of the statements made hereinabove, leave is granted to

the Petitioner to withdraw this Petition, with liberty to file an Appeal

against the impugned order under Section 60 of the Maharashtra Police

Act, 1951, as submitted by Mr. Anil Patil, learned Advocate for the

Petitioner.


Vaibhav                              4
                                                           49 - CR WP - 649 - 2026.doc


9.        If the Petitioner files an Appeal against the impugned order dated

25th May 2026 passed by the Sub-Divisional Magistrate, Sawantwadi

under Section 60 of the Maharashtra Police Act, 1951 before the

Appellate Authority within two (2) weeks from today, the Appellate

Authority is requested not to insist on an Application for condonation of

delay and to consider the Appeal on its own merits and in accordance

with law.


10.       Writ Petition No. 649 of 2026 is disposed of as withdrawn.


                                                  (ASHWIN D. BHOBE, J.)




Vaibhav                             5


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