Bombay High Court
SUNITA LAXMAN JOSHIversusSTATE OF MAHARASHTRA THROU.. ITS SEC. SCHOOL EDUCATION DEPT AND ORS
- Decided
- Disposal
- Allowed
Holding
The court held that an amendment to a writ petition may be permitted at the admission stage.
Summary
The original writ petition (No. 8941 of 2023) was at the admission stage when the petitioner filed an interim application seeking permission to amend the petition as per a proposed schedule of amendments. The court examined the averments in the interim application and considered whether amendment at this early stage was permissible. Finding no impediment, the judges allowed the amendment, directing that it be effected within a week and that the amended petition be served on the respondents. The court also set a deadline for filing a reply affidavit to the amended petition. The interim application was disposed of without costs and the writ petition was listed for hearing on 19 October 2026.
Issues considered
- Whether a writ petition may be amended at the admission stage through an interim application
Subjects
- writ petition
- amendment
- interim application
- civil procedure
- high court
Judgment
3-IA-7487-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7487 OF 2026
IN
WRIT PETITION NO.8941 OF 2023
WITH
WRIT PETITION NO. 8941 OF 2023
Sunita Laxman Joshi ...Applicant/Original Petitioner
Versus
State of Maharashtra & Ors ...Respondents
_______
Mr Ameya Borwankar, Applicant/Original Petitioner.
Mr Aditya R Deolekar, AGP for Respondent-State.
Mr Rajdeep S Khadapkar, for Respondent Nos. 5 & 6.
Mr Prathmesh Deshpande, i/b Vaibhav Kulkarni, for Respondent Nos. 7 and 8.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 28 SEPTEMBER 2026
P.C.
1. We have heard learned counsel for the Applicant/Original Petitioner. The
Writ Petition is itself at the stage of admission. By this Interim Application, the
Applicant/Original Petitioner has prayed that the Applicant/Original Petitioner be
permitted to amend the Writ Petition in terms of Schedule of Amendments
annexed hereto as ‘Schedule A’.
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3-IA-7487-2026.DOC
2. Having perused the averments made in the application and considering the
fact that the Writ Petition is at the stage of admission, we are inclined to allow the
Interim Application in terms of prayer clause (a).
3. Let the amendment be carried out within one week from today. The
amended copy of the Writ Petition be served on the Respondents. The reply
affidavit to the amended Writ Petition be filed on or before the returnable date.
4. Interim Application stands disposed of. No costs.
5. List the Writ Petition on 19th October 2026, HOB.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.09.29
11:06:02
+0530
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Shivgan
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