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Bombay High CourtWP/14561/2025disposed off

Vaijayanta Shamrao Bhosle Wife A Deceased Shamrao Govind Bhosale And ANR v. District Deputy Registrar And ORS

2025-11-20Hon'Ble Shri Justice Amit Borkar2 pages

22-WP14561-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14561 OF 2025 Vaijayanta Shamrao Bhosale wife of Deceased Shamrao Govind Bhosale and anr.

...Petitioners

Versus

District Deputy Registrar And Ors.

...Respondents

Mr. Akshay Pawar, a/w Mamta Mogare, i/b Bagkar & Co., for the Petitioners.

Ms. D. S. Deshmukh, AGP for the State.

SANTOSH SUBHASH KULKARNI

CORAM:

N. J. JAMADAR, J.

DATED:

20th NOVEMBER, 2025 SANTOSH SUBHASH KULKARNI Date: 2025.11.21 20:25:37 +0530 PC:- 1.

Heard the learned Counsel for the petitioners. 2.

The challenge in this petition is to an order dated 28th August, 2024 passed by the District Deputy Registrar, Cooperative Society and the Competent Authority whereby a certificate of Unilateral Deemed Conveyance has been granted. 3.

The petitioners assert that the petitioners are the legal representatives of Shamrao Bhosale, the owner of the land. Shamrao Bhosale had passed away on 25th November, 2020. Yet, an application was filed impleading the deceased Shamrao Bhosale as a party defendant and the impugned order has been 1/2

22-WP14561-2025.DOC passed without impleading the representatives of deceased Shamrao Bhosale.

4.

Copy of the death certificate indicates that Shamrao Bhosale passed away on 25th November, 2020. Prima facie it appears that the impugned order was passed against a dead person.

5.

Issue notice to the respondents, for final disposal, returnable on 12th January, 2026.

6.

The learned AGP waives notice for the State - respondent Nos.1 and 2.

7.

In addition to notice through Court, the petitioners are at liberty to serve respondent No.3 by private service and file an affidavit of service.

8.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (h).

[N. J. JAMADAR, J.] 2/2