Bombay High Court

SANDEEP DASHRATH GUJAR AND ORS.versusTHE HON'BLE MINISTER FOR STATE RURAL DEVELOPMENT DEPT. AND ORS.

Disposal: Disposed Off

Holding

The writ petition is abated due to the death of a petitioner and the failure to bring legal heirs on record.

Summary

The petitioners filed Writ Petition No. 1764 of 2018 before the Bombay High Court, Kolhapur Circuit Bench. The Division Bench had earlier passed an order on 4 October 2018 which the petitioners' counsel could not comply with. During the pendency, the first petitioner, Sandeep Dashrath Gujar, died. No legal heirs were brought on record to substitute the deceased petitioner. The court held that, in the absence of a substitution, the petition stands abated against the deceased petitioner. Consequently, the entire petition was deemed abated and disposed of.

Issues considered

Whether the death of a petitioner without substitution of legal heirs results in the abatement of the writ petition.

Subjects

death of party
abated petition
substitution of parties
writ petition
civil procedure

Judgment

2026:BHC-KOL:8093-DB
28.WP.1764.2018.odt

IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1764 OF 2018

Sandeep Dashrath Gujar and Others ...Petitioners
Versus
The Hon’ble Minister and Others ...Respondents
WITH
CIVIL APPLICATION (STAMP) NO. 782 OF 2019
IN
WRIT PETITION NO. 1764 OF 2018
***
 Mr. Nitesh Vishwanath Bhutekar (Through V.C.), Advocate for the
Petitioners.
 Mr. Ravi Kadam, for Respondent – Zilla Parishad.
***
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 25 AUGUST, 2026.
P. C. :

1. Mr. Bhutekar, learned counsel appearing for the petitioners,

submits that he is unable to comply with the order passed by the

learned Division Bench on 04 October 2018. He submits that he has

now learnt that Petitioner No.1 has died.

2. Since Petitioner No.1 has died and his legal heirs have not

been brought on record, the petition stands abated as against him.

Consequently, in view of the provisions of law, the entire Petition

stands abated.

(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
Shrikant Malani Page 1 of 1

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