Bhagyashree Bhagwandas Bairagi v. The State Of Maharashtra Thr Urban Development Dept And ANR

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.01.08 11:36:54 +0530 9.WP-12218-2025.odt GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12218 OF 2025 Bhagyashree Bhagwandas Bairagi ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Ramchandra Wagh i/b. Mr. Narayan G. Rokade for the Petitioner.

Mr. P.P. Kakade, Addl. GP a/w. Ms. Priyanka Chavan, AGP for Respondent No.1.

---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 7th JANUARY, 2026 P.C. :- 1.

We have considered the strenuous submissions of the learned Advocate for the Petitioner and have heard him on ground nos. (i) to (xiv), mentioned in the Petition Paper Book. 2.

The Petitioner is the daughter of Smt. Sunita, who claims to be the second wife of the deceased Bhagwandas Madandas Bairagi. The deceased Bhagwandas firstly married Smt. Bharati on 19th May, 1984. From the said marriage, the deceased had two daughters and two sons. From the subsequent second marriage with Sunita, he had two daughters and one son.

Gauri Gaekwad

9.WP-12218-2025.odt 3.

The deceased Bhagwandas was a Driver in the Motor Repairing Department of the Nashik Municipal Corporation. He expired on 30th May, 2005. Neither the first wife nor the children from the first marriage, have been arrayed as Respondents in this Petition.

4.

One son of the deceased, born from his first marriage with Bharati, had preferred Writ Petition No.7315 of 2025 seeking compassionate appointment. By a judgment dated 3rd December, 2025, the said Petition came to be dismissed. Taking into consideration the policy relating to small families and the fact that the deceased had seven children, some of whom were born after the cut-off date, the Petition was dismissed.

5.

In view of the above, this Petition would face the same fate for the reasons recorded in the judgment dated 3rd December, 2025 in Writ Petition No.7315 of 2025 (Amol Bhagwandas Bairagi v/s. State of Maharashtra and Anr.).

6.

As such, this Petition is dismissed.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad