Bombay High Court

MS P.P. JOSHI THROUGH ITS PROPRIETOR PRAFULLA PRAKASH NAGAPURKAR JOSHIversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Court granted leave to amend the writ petition, directing the amendment to be completed within four weeks.

Summary

Ms P.P. Joshi, through its proprietor, filed a writ petition challenging a governmental action. The petition was later found to be deficient, prompting the filing of a civil application seeking leave to amend the writ petition as per paragraph 2 of the application. The State of Maharashtra, represented by its Principal Secretary and another respondent, opposed the amendment. The High Court, after considering the procedural requirements, allowed the civil application and granted the petitioner leave to amend the writ petition. The Court directed that the amendment be effected within four weeks and that the amended petition be served on the respondents, who may file a reply. No substantive merits of the original writ were decided.

Issues considered

Whether the petitioner is entitled to leave to amend the writ petition under the provisions of the Civil Procedure Code
Whether the amendment can be permitted at this stage of the proceedings

Subjects

amendment of writ petition
civil application
procedural law
High Court
leave to amend

Judgment

2026:BHC-AUG:39712-DB
                                                       1                            7.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                         7 CIVIL APPLICATION NO. 8371 OF 2026
                                    IN WP/153/2025

    MS P.P. JOSHI THROUGH ITS PROPRIETOR PRAFULLA PRAKASH NAGAPURKAR
                                    JOSHI
                                   VERSUS
     THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
                                  ANOTHER
                                                ...
                                         WITH
                             WRIT PETITION NO. 153 OF 2025
                                             ...
                  Advocate for the Applicant : Mr. Solanke Shrikrashna B.
                        GP for Respondent/State : Mr. A.B. Girase
                    Advocate for Respondent No.2 in WP : Mr. V.P. Patil
                                             …
                                             CORAM         : NITIN B. SURYAWANSHI AND
                                                             ABASAHEB D. SHINDE, JJ.
                                                DATE       : 29.08.2026

             PER COURT :
             .         For the reasons stated in the Civil Application, the same is
             allowed in terms of prayer clause ‘B’ which is as follows :

                    “B. This Hon’ble Court may please to grant leave to the applicant
                    to amend the writ petition as stated in the para no.2 of the civil
                    application and for that purpose issue necessary orders.”

             2.      Necessary amendment be carried out within a period of four (04)
             weeks. Amended copy be served on the other side. Respondents are at
             liberty, to file reply to the amended Writ Petition.



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

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