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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12052 OF 2026

Janardhan G Thorat And Ors. ...Petitioners
Versus
The Collector Of Pune And Anr ...Respondents

WITH

WRIT PETITION NO. 12053 OF 2026

National Restaurant Association Of India ...Petitioner
Versus
The Collector State Excise Pune And Anr ...Respondents

Ms. Veena Thadhani a/w Ms. Rutuja Gaikwad for the Petitioners.
Ms. Neha Bhide, GP a/w Mr. K.B. Dighe, Addl. G.P., and Mrs. P.J. Gavhane, AGP for Respondent Nos.1 and 2.
Ms. Neha Bhide, GP a/w Mr. K.B. Dighe, Addl. G.P., and Mrs. P.J. Gavhane, AGP for Respondent Nos.1 and 2.
Mr. Karl Thamboly a/w Mr. Sameer Pandit, Ms. Krina Gandhi, Mr. Chintan Pasad i/b. Wadia Ghandy & Co. for the Petitioner.
Mr. Prashant Amrutkar, DCP. Pune District present.

CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J.

DATE : 11th SEPTEMBER, 2026.

[NyayVidhan note: text as printed in the official order uploaded under Writ Petition No. 12052 of 2026 (the same order is also uploaded under Writ Petition No. 12053 of 2026 as 2026:BHC-AS:37617-DB). The counsel line for Respondent Nos. 1 and 2 appears twice in the print, once for each petition; the Court's slips ('counsel counsel', 'Thamboly'/'Tamboly') are kept as printed.]

P.C.:

1. The matter was heard at length on merits in the first session.

2. Mr. Karl Tamboly, learned counsel counsel for the Petitioner in support of his submission placed reliance on Interim Order dated 15th September 2023 passed in Writ Petition No.6290 of 2023 in Washim District Liquor Bar Association Vs. State of Maharashtra and Ors. By an order dated 12th September 2023 issued by the Respondent – Authorities under Section 142(1) of the Maharashtra Prohibition Act, 1949 (for short “the Act of 1949”), ‘Dry Day’ was to be observed and to be implemented on 19th September 2023 and 28th September 2023 in the District of Washim and on 29th September 2023 and 30th September 2023 in areas within the local limits of police stations, mentioned therein.

3. Similarly, the learned counsel for the Petitioner has relied upon order dated 13th April 2023 in Writ Petition No.2419 of 2023 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur. The Division Bench granted interim relief in light of the paragraph 5 of the said order. The Petitioner would thus submit that similar indulgence may also be extended in the instant proceeding.

4. In the second session, on instructions, Mr. Dighe would state that 25th September 2026 shall be observed as a ‘Dry Day’ and the prohibition on retail liquor sale shall continue to operate on 14th September 2026 till 4.00 pm. He submitted that in view of the categorical instructions, the instant Writ Petition be disposed of.

5. The learned counsel for the Petitioner in this backdrop, fairly submits that the grievance of the Petitioner is redressed, and the Petitioner is not pressing the Petition in light of the above statement made by the learned counsel for the Respondent - State.

6. With the above observations and directions, the Writ Petition is Disposed Of.

[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]