Bombay High Court

HARSHVARDHAN CONSTRUCTION THR. ITS PROP. MEERA GANGADHAR ADALKARversusUNION OF INDIA THROUGH ITS SECRETARY

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as an alternate efficacious remedy of filing an appeal exists.

Summary

Harshvardhan Construction, represented by its proprietor Meera Gangadhar Adalkar, filed a writ petition before the Bombay High Court challenging a decision of the Union of India. The petitioners sought relief despite the existence of an alternate efficacious remedy—filing an appeal. The Court observed that when a statutory or procedural appeal is available, a writ petition is not the appropriate forum. Consequently, the Court disposed of the writ petition, granting the petitioners liberty to pursue the alternative remedy. The Court also noted that any delay in filing the petition would be taken into account while condoning the delay, should the petition be reinstated.

Issues considered

Whether a writ petition is maintainable when an alternate efficacious remedy of filing an appeal is available.

Subjects

writ petition
alternate remedy
appeal
condonation of delay
jurisdiction
High Court

Judgment

                                   *1*                     3-wp-8132-2026


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  3 WRIT PETITION NO. 8132 OF 2026

   HARSHVARDHAN CONSTRUCTION THROUGH ITS PROP.
                 MEERA GANGADHAR ADALKAR
                            VERSUS
         UNION OF INDIA THROUGH ITS SECRETARY
                                ...
Mr. Pralhad D. Bachate, Advocate for the Petitioner
Mr. Parikshit P. Dawalkar, Sr. Standing Counsel a/w. Mr. Pratik
Kothari, Advocates for Respondent Nos.2 to 6.AGP for
Respondents/State
                                ...
                   CORAM : NITIN B. SURYAWANSHI &
                             ABASAHEB D. SHINDE, JJ.
                   DATE : 6th AUGUST 2026

P. C. :-

1.         In view of availability of alternate efficacious remedy of

filing an appeal, Writ Petition is disposed of with liberty to the

petitioner to avail alternate remedy.

2.         Needless to state that the time spent in prosecuting the

present petition shall be considered while condoning the delay.




(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




Narwade

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