Prakash Gajanan Bhoir and Ors. vs State of Maharashtra through Secy. Town Planning Ministry and Anr. — Bombay HC (2026) — LawSathi Research

Prakash Gajanan Bhoir and Ors. vs State of Maharashtra through Secy. Town Planning Ministry and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to amend the Writ Petition granted in terms of prayer clauses (a) and (b): amendments per Schedules I, II and III (adding the Director of Town Planning as party respondent and prayers on lapsing of reservation) to be carried out within two weeks; notice issued to the newly added respondent; Learned AGP waived notice on behalf of the State authority; respondents, including the newly added respondent, may file comprehensive reply affidavits within three weeks of the petitioners serving the amended copy; matter listed for further consideration on 28th July, 2026.

Issue for consideration

Whether leave should be granted to amend the Writ Petition as per Schedules I, II and III, including addition of the Director of Town Planning of the respondent State as party respondent and grounds/prayers contending that the reservation has lapsed.

Court's answer

In the interest of justice, the Court is inclined to allow the amendment sought by the applicants/petitioners.

Ratio / Principle

Allowing the amendment does not amount to any expression on the merits of the petitioners' claims; the respondent State authorities, including the newly added (proposed) respondent, remain free to respond on the merits.

Key takeaways

The Interim Application is allowed in terms of prayer clauses (a) and (b).ratio¶23

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Manish Pitale and Shreeram V. Shirsat, JJ., 12 June 2026 — Interim Application No. 3801 of 2026 in Writ Petition No. 18457 of 2024 (Prakash Gajanan Bhoir and Others v. State of Maharashtra and Another): ALLOWED. Leave granted to the applicants/petitioners to amend the Writ Petition as per Schedules I, II and III — inter alia to add the Director of Town Planning of the respondent State as party respondent, to plead that the reservation has lapsed, and to add consequential prayers on lapsing. The Court expressly recorded that allowing the amendment involves no comment on the merits of the petitioners' claims, on which the State authorities, including the newly added respondent, may respond. Amendments to be carried out within two weeks; notice to the newly added respondent (Learned AGP waiving for the State); comprehensive reply affidavits within three weeks of service of the amended copy; further consideration on 28th July, 2026.

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30-ia-3801-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.3801 OF 2026 IN

WRIT PETITION NO. 18457 OF 2024

VISHAL SUBHASH PAREKAR

Digitally signed by VISHAL SUBHASH PAREKAR Date: 2026.06.12 19:17:45 +0530

Prakash Gajanan Bhoir and Others …Applicants Versus State of Maharashtra and Another …Respondents

Mr. S.A. Bhalwal a/w. Mr. Pritesh Bodekar i/b. Vyas & Bhalwal, for the Applicants/ Petitioners.

Mr. Kedar Dighe a/w. Smt. Tanu Bhatia, AGPs for the State.

CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.

DATE : 12^th JUNE, 2026

P.C. :

By this application, the applicants/petitioners are seeking leave to amend the Writ Petition as per Schedules I, II and III annexed to the application. As per the proposed amendments, the applicants/petitioners seek to add the Director of Town Planning of the respondent State as party respondent and also seeks to raise grounds to contend that the reservation has lapsed. In that light, further prayers are also sought to be added in the Writ Petition concerning the question of lapsing of reservation.

In the interest of justice, we are inclined to allow the amendment.

Vishal Parekar

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30-ia-3801-2026.doc

We are of the opinion that by allowing the amendment, we are not commenting upon the merits of the claims made on behalf of the petitioners and that the respondent State authorities including the proposed respondent can respond on the merits of the matter.

In view of above, the application is allowed in terms of prayer clauses (a) and (b).

The amendments shall be carried out within two weeks from today.

Issue notice to the newly added respondent.

Learned AGP waives notice on behalf of the State authority.

The respondent, including the newly added respondent, may file their

comprehensive reply affidavits within three weeks of the petitioners’ serving amended copy of the petition on the respondents.

List for further consideration on 28^th July, 2026.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)

Vishal Parekar

….2