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Bombay High Court

HIRABAI PANDURANG MOKAL DECD THR LHR PRAKASH PANDURANG MOKALversusTHE STATE OF MAHARASHTRA THR THE PRIN. SEC. DEPT. OF REVENUE AND ORS

Decided
Disposal
Allowed

Holding

The court held that the legal heir may be substituted as petitioner and allowed the interim application.

Summary

The petitioner, Hirabai Pandurang Mokal, filed a writ petition challenging actions of the State of Maharashtra. During the pendency of the petition, the petitioner died on 9 November 2025. An interim application was filed by the petitioner’s sole legal heir seeking substitution as the petitioner to continue the proceedings. The court examined the death certificate and found the application timely and supported by counsel. Consequently, the court allowed the interim application, permitting the heir to be substituted and directing amendment of the petition within a week. The matter was listed for further hearing with notice issued to the respondents.

Issues considered

  • Whether a legal heir can be substituted as petitioner in a writ petition after the death of the original petitioner
  • Whether the interim application seeking such substitution should be allowed

Subjects

  • substitution of petitioner
  • legal heir
  • death of petitioner
  • interim application
  • writ petition
  • civil appellate jurisdiction

Judgment

                                                                         20-WP-14371-2025 @ ORS.DOC



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by
                             CIVIL APPELLATE JURISDICTION
       PURTI
PURTI PRASAD
PRASAD PARAB
PARAB Date:
       2026.01.28
       19:44:00
       +0530
                             WRIT PETITION NO. 14371 OF 2025
                                       ALONGWITH
                           INTERIM APPLICATION NO. 317 OF 2026
                                           IN
                             WRIT PETITION NO. 14371 OF 2025

  Hirabai Pandurang Mokal
  Through Poa Ujwal Narayan
  Gaikwad                                                                …Petitioner
        Versus
  The State Of Maharashtra
  Through The Prin. Sec. Dept. Of
  Revenue and Ors.                                                       …Respondent

                                  _______
  Ms. Priyanka Thakur a/w Mr. Pratik Kasukar for the Petitioner.
  Ms. M.S. Bane, AGP for Respondent-State.
                                  _______

                                   CORAM:          MANISH PITALE &
                                                   SHREERAM V. SHIRSAT, JJ.

                                   DATE:           28th JANUARY 2026
  P.C.

                           INTERIM APPLICATION NO. 317 OF 2026

  1.                This   application   is   filed     for   bringing   on     record     Legal
  Representative of the Petitioner who died during pendency of the Petition.

  2.                Before the Writ Petition could be taken up for consideration, the
  Petitioner expired on 9th November 2025. In that light the instant
  application has been moved by the Applicant as Legal Heir of the deceased
  Petitioner.

  3.                It is stated on behalf of the Applicant that he is the only
  surviving Legal Heir of the deceased Petitioner.




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                                                          20-WP-14371-2025 @ ORS.DOC



4.            Considering the fact that the application has been moved
promptly and a copy of the death certificate is annexed to the Interim
Application at Exhibit “A”, we are inclined to allow the application.

5.            In view of the above, the Interim Application is allowed and the
Applicant is permitted to be substituted in place of the original Petitioner in
order to pursue the Writ Petition. The amendment be carried out within
one week from today.

6.            We have also heard Learned Counsel in support of the Petition.
Having heard Learned Counsel for the Petitioner we are inclined to
examine the issues raised in the Petition.

7.            Hence, issue notice returnable on 4th March 2026.

8.            Learned AGP waives notice on behalf of Respondent Nos. 1 to 6.
Additionally, the Petitioner is permitted to serve Respondent Nos. 7 to 17
by way of private service and to file an affidavit of service before the next
date of listing.




(SHREERAM V. SHIRSAT, J.)                            (MANISH PITALE, J.)




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