Judgment Intelligence
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Janardhan G Thorat & Ors. v. The Collector of Pune & Anr.; National Restaurant Association of India v. The Collector, State Excise, Pune & Anr.
2026:BHC-AS:37615-DB
Writ Petition No. 12052 of 2026 with Writ Petition No. 12053 of 2026
- Court
- Bombay High Court
- Date of Decision
- 11 September 2026
- Bench
- Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna
- Relevant Acts & Sections
- Maharashtra Prohibition Act, 1949 — Section 142(1)
Final Outcome
Writ petitions disposed of on the State's statement that 25 September 2026 will be a ‘Dry Day’ and that the prohibition on retail liquor sale on 14 September 2026 will operate till 4.00 pm (paras 4-6).
Brief Facts
The petitions were filed by Janardhan G Thorat and others and by the National Restaurant Association of India against the Collector of Pune and another, and the Collector, State Excise, Pune and another. The matter was heard at length on the merits in the first session (para 1). Counsel for the petitioner relied on an interim order of 15 September 2023 in Washim District Liquor Bar Association v. State of Maharashtra, concerning dry days ordered under Section 142(1) of the Maharashtra Prohibition Act, 1949, and on a Nagpur Bench order of 13 April 2023 granting interim relief, and sought similar indulgence (paras 2-3).
Court's Findings
The written order contains no ruling on the merits. It records that in the second session the Additional Government Pleader, on instructions, stated that 25 September 2026 shall be observed as a ‘Dry Day’ and that the prohibition on retail liquor sale shall continue to operate on 14 September 2026 till 4.00 pm, and asked for the petition to be disposed of in view of those instructions (para 4). The petitioner's counsel then accepted that the grievance was redressed and did not press the petition in the light of the State's statement (para 5). The Bench disposed of the petition "With the above observations and directions" (para 6).
Legal Principle
Where the State, on instructions, makes a statement in court that meets the petitioner's grievance and the petitioner does not press the challenge, the High Court may dispose of the writ petition on that statement without deciding the merits (paras 4-6).
Precedents Relied Upon
Washim District Liquor Bar Association v. State of Maharashtra and Ors. Interim Order dated 15th September 2023 in Writ Petition No.6290 of 2023
Referred To · Discussed at ¶ 2
Cited by the petitioner: interim order in a challenge to dry days ordered under Section 142(1) of the Maharashtra Prohibition Act, 1949 in Washim District.