Bombay High Court

PEOPLES EDUCATION SOCIETY MUMBAI THROUGH ITS CHAIRMAN AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Leave to amend was granted as the writ petition had not yet been admitted.

Summary

Peoples Education Society filed an application seeking leave to amend its writ petition against the State of Maharashtra. The respondents opposed the amendment, relying on an affidavit-in-reply. The Court noted that the writ petition had not yet been admitted and therefore was inclined to permit the amendment. Consequently, the application for leave to amend was allowed, with the amendment to be filed within four weeks and the respondents given liberty to reply. The order was pronounced by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde.

Issues considered

Whether leave to amend a writ petition may be granted when the petition is not yet admitted and respondents oppose the amendment

Subjects

leave to amend
writ petition
civil application
procedural law
opposition

Judgment

2026:BHC-AUG:39657-DB
                                          1                           35.CA.5679.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 5679 OF 2026
                                      IN WP/6450/2025
                                           WITH
                              WRIT PETITION NO. 6450 OF 2025
                                           WITH
                            CIVIL APPLICATION NO. 6738 OF 2025
                                      IN WP/6450/2025
                                           WITH
                            CIVIL APPLICATION NO. 11792 OF 2025
                                      IN WP/6450/2025
                                           WITH
                            CIVIL APPLICATION NO. 9244 OF 2025
                                      IN WP/6450/2025

                     PEOPLES EDUCATION SOCIETY MUMBAI THROUGH
                                 ITS CHAIRMAN AND ANOTHER
                                           VERSUS
                          THE STATE OF MAHARASHTRA THROUGH
                                  ITS SECRETARY AND OTHERS
                                              ...
                           Advocate for Applicants : Mr. S.V. Adwant
                           AGP for Respondent/State : Mr. V.M. Kagne
                  Advocate for respondent Nos.3 and 4 in WP : Mr. V.D. Salunke
                       Advocate for Respondent No.5 : Mr. V. B. Kulkarni
                      Advocate for Respondent No.6 : Mr. S. G. Nandedkar
                    Advocate for respondent No.10 in WP: Mr. Parth Salunke
                                              ...

                                 CORAM         : NITIN B. SURYAWANSHI AND
                                                 ABASAHEB D. SHINDE, JJ.


                                 DATE          : 29.08.2026

             PER COURT:

             1.    This application is filed seeking leave to amend. Learned

             advocate for respondent Nos.3 and 4 has strenuously oppose the
                                 2                            35.CA.5679.26.odt

prayer of the applicants, by relying on the affidavit-in-reply filed to this

civil application. Since the writ petition is yet to be admitted, we are

inclined to allow the application.

2.        For the reasons stated in the application, the same is allowed.

Leave to amend is granted to the applicant. Amendment be carried

out within four weeks. Amended copy be supplied on the respondents.

Respondents are at liberty to file reply to the amended petition.



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




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