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
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