Bombay High Court

DAMODHAR HARIBHAU BAVISKARversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is abated upon the death of the petitioner, with liberty to the legal heirs to file a fresh petition.

Summary

Damodhar Haribhau Baviskar filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging certain actions of the State of Maharashtra. During the pendency of the petition, the petitioner passed away. The petitioner’s counsel submitted that the petition should be abated on account of his death. The Court examined whether the death of a petitioner automatically terminates a pending writ petition. Applying the principle that a writ petition is personal and ceases upon the petitioner’s death unless a statute provides otherwise, the Court held the petition abated. It disposed of the petition as abated and allowed the legal heirs to file a fresh writ petition.

Issues considered

Does the death of a petitioner during pendency of a writ petition result in abatement of the petition?

Subjects

Writ Petition
Abatement
Death of Petitioner
Legal Heirs
High Court
Fresh Petition

Judgment

2026:BHC-AUG:44573-DB


                                                                       wp6933-24.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.6933 OF 2024

                 Damodhar Haribhau Baviskar                            PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. Angad L. Kanade, Advocate for the Petitioner
                 Mr. B. B. Bhise, AGP for Respondent - State
                                               .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                     DATE : 28th SEPTEMBER, 2026

                 ORDER :

                 1.     Learned Advocate for the Petitioner submits that during the

                 pendency of this Writ Petition, the Petitioner has passed away.

                 He, therefore, submits that the Writ Petition is abated.


                 2.     The Writ Petition is disposed of as abated with liberty to

                 the legal heirs of the deceased Petitioner to file a fresh Writ

                 Petition.



                 [ ABASAHEB D. SHINDE ]                 [ NITIN B. SURYAWANSHI ]
                        JUDGE                                      JUDGE

                 drp/wp6933-24.doc

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