Bombay High Court

BHUSHAN BALKRISHNA MAHAJANversusTHE STATE OF MAHARASHTRA THROUGH ITS COMMISSIONER AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The petition is abated due to the death of the petitioner.

Summary

The petitioner, Bhushan Balkrishna Mahajan, filed a writ petition (No. 2494 of 2025) in the Bombay High Court, Aurangabad Bench, seeking relief against the State of Maharashtra and others. During the pendency of the case, the petitioner died on 5 October 2025. The petitioner’s counsel informed the court of the death and requested a direction on the status of the petition. The Court examined whether a writ petition can survive the death of the petitioner. It held that the petition stands abated upon the death of the petitioner, as there is no longer a party with locus standi to pursue the relief. Consequently, the petition was disposed of as abated.

Issues considered

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

Subjects

writ petition
abated petition
death of petitioner
civil procedure

Judgment

2026:BHC-AUG:648-DB

                                                                     wp-2494.25
                                                 1



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      BENCH AT AURANGABAD


                                  986 WRIT PETITION NO. 2494 OF 2025

                                BHUSHAN BALKRISHNA MAHAJAN
                                          VERSUS
                    THE STATE OF MAHARASHTRA THROUGH ITS COMMISSIONER
                                        AND OTHERS

                                ...
                    Mr. Avinash A. Kanade Advocate for Petitioner.
                    Mr. V.M. Kagne, A.G.P. for Resp. No.1.
                                ...

                            CORAM:    SMT. VIBHA KANKANWADI AND
                                      HITEN S. VENEGAVKAR, JJ.

                             DATE :   8th JANUARY, 2026

                ORDER :


                .      Learned Advocate for the petitioner, upon instructions,

                submits that the petitioner expired on 5 th October 2025. In view

                of the said statement, the Writ Petition stands disposed of as

                abated.




                [HITEN S. VENEGAVKAR]                 [SMT. VIBHA KANKANWADI]
                       JUDGE                                    JUDGE

                asb/JAN26

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