Bombay High Court

MAHESH GULABCHAND BOHRAversusTHE STATE OF MAHARASHTRA THROU. ITS PRINCIPALSEC DEPT OF CO-OPEARATION AND ORS

Disposal: Disposed Off

Holding

A writ petition is abated upon the death of the petitioner.

Summary

Mahesh Gulabchand Bohra filed a writ petition before the Bombay High Court, Kolhapur Circuit Bench, challenging actions of the State of Maharashtra and other respondents. During the proceedings, the respondent counsel submitted the death certificate of the petitioner, establishing that the petitioner had passed away. The court examined whether the petition could continue in light of the petitioner's death. It held that the death of the petitioner results in the abatement of the writ petition, as the petitioner’s legal capacity to pursue the remedy ceases. Consequently, the court disposed of the petition as abated.

Issues considered

Whether a writ petition can be entertained after the death of the petitioner

Subjects

writ petition
abated petition
death of petitioner
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                                  71-WP-7026-2025.doc


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

                                              WRIT PETITION NO. 7026 OF 2025

                        Mahesh Gulabchand Bohra             ...Petitioner.
                                Versus
                        The State of Maharashtra and Others ...Respondents.
                                                    ——————
                        None for the Petitioner.
                        Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State.
                        Mr. Omkar Nagwekar (Through VC) with Ms. Asmita Killedar, for the Respondent
                        No.4.
                                                         ——————
                                                           Coram :     Sharmila U. Deshmukh &
                                                                       Neeraj P. Dhote, JJ.
                                                           Date      : September 08, 2026.
                        P. C. :

                        1.        The learned counsel appearing for Respondent No.4 tendered a

                        copy of Death Certiicate of the Petitioner. The same is taken on record.

                        2.        The Petition is disposed of as abated.



                         [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.09
           12:54:48
           +0530




                        Gaikwad RD                          1 of 1

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