Bombay High Court

RAJU KADUBA BAWASKARversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the amendment sought in the civil application is permissible and may be effected within four weeks.

Summary

The petitioner, Raju Kaduba Bawaskar, filed a civil application seeking amendment of his writ petition against the State of Maharashtra. The application invoked prayer clauses B and C to add new respondents and modify the relief sought. The High Court examined whether such amendment was permissible under the procedural rules. The Court held that the amendment could be allowed and directed that it be effected within four weeks, with a copy served on the opposite side. It further ordered that notice be issued to the newly added respondents, though one respondent waived notice, and allowed them to file an affidavit in reply. The civil application was consequently disposed of after the amendment was effected.

Issues considered

Whether the amendment of the writ petition as sought in the civil application is permissible under the Code of Civil Procedure
Whether notice is required to be served on newly added respondents after amendment

Subjects

civil procedure
amendment of pleadings
notice
high court
writ petition

Judgment

2026:BHC-AUG:42179-DB
1 20.CA.10246.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 10246 OF 2026
IN WP/14457/2025
WITH
WRIT PETITION NO. 14457 OF 2025

RAJU KADUBA BAWASKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS PRINCIPAL SECRETARY AND OTHERS
...
Advocate for Applicant : Mr. R. R. Kale
AGP for Respondents/State : Mr. S.R. Wakale
Advocate for Respondents No.6 and 7 : Mr. S.R. Dheple
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.

DATE : 11.09.2026

PER COURT:

1. For the reasons stated in the Civil Application, the same is
allowed in terms of prayer clauses ‘B’ and ‘C’. The amendment shall be
carried out within a period of four weeks from today, and a copy of the
amended petition shall be served on the other side.

2. After the amendment is carried out, issue notice to the newly
added respondents, returnable on 30.10.2026. Learned Advocate
Mr. S.R. Dheple waives notice on behalf of respondent Nos.6 and 7.
The respondents are at liberty to file their affidavit-in-reply to the
amended petition. The Civil Application is disposed of.

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

habeeb/

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