Bombay High Court

RUKHSANA NAZIM SIDDIQUIversusSTATE OF MAHARASHTRA THR THE SEC. SOCIETY WELFARE DEPT. AND ORS

Decided: 2 September 2026
Disposal: Transfer to other Court

Holding

The writ petition must be transferred to the Original Side as the cause of action arose in Mumbai.

Summary

The petitioner, Rukhsana Nazim Siddiqui, filed a writ petition in the Civil Appellate side of the Bombay High Court, alleging that the cause of action arose in Mumbai and should have been instituted on the Original Side. Respondent No.3, through Senior Advocate Ashutosh R. Kumbhakoni, objected that the petition was incorrectly filed on the civil side. The Court examined the objection and agreed that the entire cause of action originated in Mumbai, making the original side the appropriate forum. Consequently, the Court directed that the proceedings be transferred to the Original Side, with the cause‑title amended within one week. Additionally, the Court ordered that the reply affidavit be placed on record within ten days.

Issues considered

Whether the writ petition filed on the Civil Side should be transferred to the Original Side due to the locus of the cause of action.

Subjects

jurisdiction
original side
civil side
writ petition
procedural transfer
Mumbai High Court

Judgment

                                                                 902- WP-8196-2026.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO.8196 OF 2026


Rukhsana Nazim Siddiqui                                             ...Petitioner
       Versus
State of Maharashtra
Thr The Sec. Society Welfare Dept.
& Ors.                                                     ...Respondents
                                  _______
Mr Prashant R Katneshwarkar, Senior Advocate with Deepa Panicker, i/b Mohsin
Khan, for Petitioner.
Mr A R Deolekar, AGP for Respondent-State.
Mr Ashutosh R Kumbhakoni, Senior Advocate with C K Bhangoji, for Respondent
No.3.
                                         _______

                                    CORAM:         G. S. KULKARNI &
                                                   DR. NEELA GOKHALE, JJ.

                                    DATE:          2 SEPTEMBER 2026

P.C.

1.        At the request of Mr Kumbhakoni, learned Senior Advocate for Respondent

No.3, stand over to 16th September 2026 to enable Respondent No.3 to place on

record a reply affidavit. Mr Kumbhakoni has also taken an objection that the entire

cause of action in the present Writ Petition has arisen in Mumbai and hence, the

Writ Petition ought to have been filed on the Original Side, however, it has been

inadvertently filed on the Civil Side.

2.        We find substance in the contention of Mr Kumbhakoni. We accordingly

direct the Petitioner to take appropriate steps to get the proceedings numbered on

the Original Side. The Registry shall transfer the proceedings to t he


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                                                                        902- WP-8196-2026.DOC



 Or ig inal S ide .

 3.          Let appropriate steps in that regard, including amendment of the cause-title,

 be undertaken within one week from today.

 4.          Let the reply affidavit be placed on record within ten days from today.



 (DR. NEELA GOKHALE, J.)                                     (G. S. KULKARNI, J.)


SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
SHIVGAN
Date: 2026.09.05
11:31:07 +0530




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