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Bombay High Court

PRATAP ARJUNDAS VALECHA SINCE DECD. THR. LRS MANESHH PARTAAB VALECCHAversusUNION OF INDIA THR THE SECRETARY MINISTRY OF FINANCE AND ORS

Decided
Disposal
Disposed Off

Holding

The court allowed the substitution of the deceased petitioner with his legal heirs and representatives.

Summary

The petitioners Pratap Arjundas Valecha filed a writ petition challenging a revenue matter before the Bombay High Court. The petitioner died on 28 April 2026, and his sons, Maneshh and Hiteshh Valeccha, filed an interim application seeking to be substituted as legal heirs and representatives in the pending writ petition. The court examined whether the heirs could be allowed to replace the deceased petitioner under procedural law. It held that substitution was permissible and granted the application, directing the parties to amend the petition within two weeks and allowing the revenue department a three‑week period to file any reply. The interim application was disposed of without costs, and the writ petition was scheduled for admission on 29 September 2026.

Issues considered

  • Whether the legal heirs of a deceased petitioner may be substituted as parties in an ongoing writ petition

Subjects

  • substitution of parties
  • legal heirs
  • interim application
  • writ petition
  • succession
  • procedural law

Judgment

                                                                                     6. IA 5362.2026.doc
                                                                                 Maneshh P. Valeccha vs. UOI




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 5362 OF 2026
                                     IN
                        WRIT PETITION NO. 2193 OF 2026
                                    WITH
                        WRIT PETITION NO. 2193 OF 2026

1.       Maneshh Partaab Valeccha
2.       Hiteshh Partaab Valeccha                                             … Applicants

IN THE MATTER OF

Pratap Arjundas Valecha                                                       … Petitioner
         V/s.
Union of India through the Secretary,
Ministry of Finance and Ors.                        … Respondents
                 _______________________________________

Mr. Ajeet Manwani i/b. A & A Legal for the Applicants
Mr. Akhileshwar Sharma (through V.C.) for the Respondent - Revenue
                _______________________________________

                                       CORAM : B.P. COLABAWALLA AND
                                               FARHAN P. DUBASH, JJ.

                                       DATE                 : 25th AUGUST 2026

P.C. :

1.       The above Interim Application is filed by the Applicants to bring themselves

         on record in place of the Petitioner who passed away on 28 th April 2026. The

         Applicants are the sons of the deceased Petitioner and are therefore seeking

         to be brought on record as the Legal Heirs and Representatives of the

         deceased Petitioner.
                                                 Page 1 of 3
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                                      Order dated 25th August 2026
                                                                            6. IA 5362.2026.doc
                                                                        Maneshh P. Valeccha vs. UOI




2.   Considering the aforesaid facts and circumstances, we allow the Interim

     Application in terms of prayer clauses (a) and (b) which read thus :-



     “(a)   This Hon’ble Court be pleased to permit the Applicants to be brought
            on record as the Legal Heirs and Representatives of the deceased
            Petitioner in Writ Petition No. 2193 of 2026

     (b)    Applicants be permitted to amend the captioned Writ Petition to
            substitute the Applicants in place of the deceased Petitioner.”


3.   The amendments shall be carried out within a period of two weeks from

     today and the amended copy of the Writ Petition shall be served on the

     Respondents immediately thereafter. In the event the Respondent – Revenue

     wants to file any Affidavit-in-Reply to the above Writ Petition, they shall do

     so within a period of three weeks from the date of service of the above

     amended Writ Petition on the Advocates for the Revenue.



4.   The above Interim Application is disposed of in the aforesaid terms.

     However, there shall be no order as to costs.



5.   We now place the above Writ Petition on Board for admission on 29th

     September 2026.




                                           Page 2 of 3
                              ---------------------------------------
                                Order dated 25th August 2026
                                                                                         6. IA 5362.2026.doc
                                                                                     Maneshh P. Valeccha vs. UOI




    6.        This order will be digitally signed by the Private Secretary/Personal Assistant

               of this Court. All concerned will act on production by fax or email of a

               digitally signed copy of this order.




                  ( FARHAN P. DUBASH, J. )                              ( B. P. COLABAWALLA, J. )

    Jyoti Pawar


             Digitally signed
        by JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
        Date:
PAWAR   2026.08.27
             17:52:28 +0530




                                                      Page 3 of 3
                                         ---------------------------------------
                                           Order dated 25th August 2026


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