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Bombay High Court

MADHAV GOPALA MATEversusGANGUBAI YADAVRAO MATE AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as an alternate remedy is available.

Summary

The petitioners, Madhav Gopala Mate, challenged an order dated 02.05.2018 issued by the Divisional Commissioner, Nashik. They sought relief through a writ petition, despite having an alternate and equally efficacious remedy of filing a revision before the State Government, a point previously considered by the Supreme Court in Gurudassing Nawoosing Panjwani v. State of Maharashtra. The High Court, noting the availability of this alternative remedy, declined to entertain the writ petition and disposed of the case. The court directed the petitioners to file a revision within six weeks and warned that any delay in the present petition would affect any future condonation of delay applications. Consequently, the writ petition was dismissed.

Issues considered

  • Whether a writ petition can be entertained when an alternate and equally efficacious remedy is available
  • Whether the principle of alternative remedy bars the High Court from entertaining the petition

Subjects

  • writ petition
  • revision
  • alternative remedy
  • jurisdiction
  • condonation of delay

Judgment

2026:BHC-AUG:5408
             Dilwale                                       1                26-WP-7805-18.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              26 WRIT PETITION NO. 7805 OF 2018
                                      Madhav Gopala Mate
                                            VERSUS
                               Gangubai Yadavrao Mate And Others
                                               ...
             Advocate for the Petitioner : Mr. Aniket R. Sawant h/f Mr. Kiran M.
             Nagarkar
             AGP for Respondents: Mrs. M. L. Sangit
             Advocate for Respondent Nos.1 to 4 : Mr. D. R. Adhav
                                               ...

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 06.02.2026

             PER COURT :
             1.        Heard learned counsel for the respective parties.

             2.        The petitioners are challenging the order dated 02.05.2018 passed

             by the Divisional Commissioner, Nashik in RTS/Revision/869/2017.

             3.        The petitioners are having an alternate and equally efficacious

             remedy against the order passed by the Additional Commissioner, Nashik,

             to file a revision before the State Government and this issue is already

             considered by the Hon’ble Apex Court in the matter “Gurudassing

             Nawoosing Panjwani v. State of Maharashtra and Others” reported in

             2015 AIR SCW 6277 decided on 06.11.2015.

             4.        In view of availability of alternate remedy, I am not inclined to

             entertain the present petition and the same is disposed of accordingly.
Dilwale                                   2                   26-WP-7805-18.odt


5.        The petitioners may file revision before the State Government

within a period of six weeks. Delay caused in prosecuting the present writ

petition shall be taken into consideration while considering the

application for condonation of delay.


                                        [ SIDDHESHWAR S. THOMBRE ]
                                                  JUDGE


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