Bombay High Court

MR DNYANDEEP NIVRUTI GAIKARversusVEER SAVARKAR VIDYALAY, BALLALWADI(PANGARI MATHA) PUNE THROUGH PRESENT HEAD MASTER AND ORS

Decided: 7 October 2026
Disposal: Disposed Off

Holding

The writ petition is abated and cannot proceed because the sole petitioner has died.

Summary

Sneha Nitin Chavan filed a writ petition before the Bombay High Court challenging the actions of Veer Savarkar Vidyalay, Ballalwadi, Pune. The petition was pending when the sole petitioner died, as evidenced by a speed post packet returned with a postal remark indicating the petitioner's demise. The petitioner’s counsel submitted an affidavit of service confirming the death. The Court examined whether the petition could continue in light of the petitioner's death. Finding that the petition could not proceed without a living petitioner, the Court held that the writ petition was abated and any interim relief previously granted was vacated. Consequently, the petition was disposed of.

Issues considered

Whether a writ petition can continue after the death of the sole petitioner

Subjects

writ petition
abated petition
death of petitioner
interim relief vacated
Civil Appellate Jurisdiction
Bombay High Court

Judgment

                                                                           17-WP-1913-2009.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 1913 OF 2009

SNEHA
                   Mr Dnyandeep Nivruti Gaikar                                  ...Petitioner
NITIN                         Versus
CHAVAN
                   Veer Savarkar Vidyalay, Ballalwadi(pangari                   ...Respondents
Digitally signed
by SNEHA NITIN
CHAVAN
                   Matha) Pune Through Present Head Master And
Date: 2026.10.07
17:55:02 +0530     Ors

                                                             ****
                   None for the Petitioner.
                   Ms. S.D. Chipade, AGP for Respondent/State.
                                                   ****
                                            CORAM : M.M. SATHAYE, J.
                                              DATE : 7th OCTOBER, 2026
                   P.C. :


                   1.             None for the Petitioner.
                   2.             Pursuant to last order, Advocate for the Petitioner has filed
                   affidavit of service dated 21.09.2026 placing on record that written
                   communication sent by speed post to the sole Petitioner, has returned
                   with postal remark that ‘sole Petitioner has expired’ and therefore, the
                   packet is returned to the sender.
                   3.             Original packet with postal acknowledgment is produced on
                   record.
                   4.             In that view of the matter, since the sole Petitioner is no more,
                   writ petition is disposed of as abated. Interim/ad-interim relief, if any,
                   stands vacated.


                                                                    (M.M. SATHAYE, J.)




                   Sneha Chavan                                                                  1

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