Bombay High Court
MAHENDRA REALTORS AND INFRASTURUCTUREversusTHE STATE OF MAHARASHTRA THORU. EXECUTIVE ENGINNER CENTRAL MUMBAI PUBLIC WORKS DIVISION AND ANR
- Decided
- Disposal
- Transfer to other Court
Holding
The Court allowed the amendment to convert the writ petition to original side proceedings.
Summary
The petitioners, Mahendra Realtors and Infrastructure, filed a writ petition seeking to convert the proceedings to the original side of the High Court. The respondents, the State of Maharashtra and officials of the Public Works Division, opposed the conversion. The Court examined whether the petition could be amended to effect such a conversion. It held that the amendment was permissible and directed the petitioners to file the necessary amended documents within a week. The matter was then listed for hearing on 1 October 2026, and the requirement of re‑verification was waived.
Issues considered
- Whether a writ petition may be amended to convert the proceedings to the original side of the Court
Subjects
- procedural law
- amendment of pleadings
- conversion of proceedings
- writ petition
- original side jurisdiction
Judgment
25-WP-5857-2026 (C).odt
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.09.11
12:25:48
WRIT PETITION NO. 5857 OF 2026
+0530
Mahendra Realtors And Infrasturucture ...Petitioner
Versus
The State Of Maharashtra
Thoru. Executive Engineer Central Mumbai
Public Works Division And Anr ...Respondents
...
Mr. Pradip Thorat a/w Mr. Aniesh Jadhav, Avinash Bailmare,
Shubham B. Choudhary i/b. Nikhil Vijay Adkine for the Petitioner.
Mrs. Neha S. Bhide, Govt. Pleader a/w Shri Kedar Dighe, Addl. GP,
Ms. A.P. Thipsay, ‘B’ Panel Counsel for Respondent – State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 10th SEPTEMBER, 2026.
P.C.:
1. Let the Petitioner carry out necessary amendments to convert
the proceedings to be filed on the Original Side of this Court within
one week from date of uploading of this order.
2. Amended copies to be served on the Advocate for the
Respondents.
3. List the matter on 1st October 2026.
4. Re-verification is dispensed with.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
1
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