Created by Fuzzy Cloud

Bombay High Court

PRAKASH JANARDAN MHATREversusSTATE OF MAHARASHTRA THR. SECRETARY DEPT. REVENUE AND FORESTS AND ORS

Decided
Disposal
Allowed

Holding

The Court allowed the amendment of the writ petition as the proposed additions were supported by the existing record.

Summary

The petitioner, Prakash Janardan Mhatre, filed an interim application seeking to amend his writ petition (No. 4632 of 2023) by adding averments based on documents already filed, notably the land acquisition award. The Court examined the proposed amendment schedule and noted that the new averments were supported by the existing record. It held that for a comprehensive consideration of the issues, the amendment should be permitted. Consequently, the application was allowed, permitting the petitioner to amend the writ petition within two weeks and serve the amended papers to the Government Pleader within one week. The petition was listed for directions on 4 August 2026.

Issues considered

  • What is the propriety of allowing amendment of a writ petition based on documents already filed?
  • Whether the proposed amendment is necessary for a comprehensive consideration of the petitioner's issues?

Subjects

  • amendment of pleadings
  • writ petition
  • civil appellate jurisdiction
  • procedural law
  • land acquisition

Judgment

                                                                                             8_IA_4411_26.doc



                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                              INTERIM APPLICATION NO. 4411 OF 2026
                                                               IN
                                                 WRIT PETITION NO. 4632 OF 2023

                               Prakash Janardan Mhatre             …          Applicant/Petitioner
                                     vs.
                               State of Maharashtra, Thr. Secy.,
                               Dept. of Revenue and Forests & ors. …          Respondents

                               Mr. Kaustubh Patil a/w. Mr. Roshan Sawant and Mr. Dixit Parmar for
                               applicant/petitioner.
                               Ms. P. M. J. Deshpande, AGP for respondents – State authorities.

                                                                 CORAM :      MANISH PITALE &
                                                                              SHREERAM V. SHIRSAT, JJ
                                                                 DATE     :   07th JULY, 2026
                               P.C. :


                               .        This is an application filed on behalf of the petitioner, seeking
                               amendment of the writ petition, as per the schedule annexed to the
                               application.


                               2.       Having perused the schedule of proposed amendment, we find
                               that the averments sought to be added by way of amendment, are
                               based on documents already filed with the petition, particularly the
                               land acquisition award. We find that for a comprehensive
                               consideration of the issues sought to be raised on behalf of the
                               applicant/petitioner, it would be appropriate that the proposed
                               amendment is granted.


                               3.       In view of the above, the application is allowed and the
                               applicant/petitioner is permitted to amend the writ petition, as per

            Digitally signed
PRIYA  by PRIYA
       KAMBLI
KAMBLI Date: 2026.07.07
       17:20:45 +0530                                                                                    1/2
                                                                    8_IA_4411_26.doc



               the schedule annexed to the application, within two weeks from
               today. The amended papers be served on the office of the learned
               Government Pleader within one week thereafter.


               4.    List the petition on 04.08.2026, under the caption ‘for
               directions’.




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


Priya Kambli




                                                                                2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.