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Bombay High CourtWP/16935/2025disposed off

Vidya Jagdish Bhagat v. Union Of India Thr Its Secretary And ANR

2025-12-18Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Abhay J. Mantri3 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.12.22 11:17:12 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16935 OF 2025 Vidya Jagdish Bhagat ... Petitioner

Versus

Union of India, Through its Secretary & Ors.

... Respondents Mr. Shrikant Rathi for the Petitioner Mr. O. A. Chandurkar, Addl. G.P a/w Ms. Pooja Patil, A.G.P for the Respondent-State CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

THURSDAY, 18 th DECEMBER 2025 P.C :

At the outset, learned counsel for the petitioner seeks leave to amend the petition so as to implead the mother and son of Jagdish Gopal Bhagat as party-respondent Nos.3 and 4. Leave granted. Amendment to be carried out forthwith. By the present petition, the petitioner seeks her appointment as the legal guardian of the person and property of 1/3

her husband- Jagdish Gopal Bhagat, aged 56 years, who has been in a vegetative state since December 2014.

In paragraph 3 of the petition, the petitioner has set out the Class-I legal heirs, namely, the mother of Jagdish Gopal Bhagat and the son of the petitioner. The petitioner has also annexed medical certificates pertaining to Jagdish Gopal Bhagat to demonstrate his medical condition.

Issue notice to the newly added respondent Nos. 3 and 4, returnable on 8th January 2026.

Considering the aforesaid, in the meantime, we deem it appropriate to direct the J.J. Hospital, Mumbai, to constitute a Medical Board, consisting of a Neurologist and other doctors, to examine Jagdish Gopal Bhagat at his residence, and submit a report regarding his medical condition. The said report to be submitted to this Court on or before 8th January 2026. 2/3

Learned A.G.P to forthwith communicate this order to the Dean, J.J. Hospital, Mumbai, so as to enable them to constitute a Medical Board and submit a report to this Court with respect to the medical condition of Jagdish Gopal Bhagat. All concerned to act on the authenticated copy of this order.

SANDESH D. PATIL, J.

REVATI MOHITE DERE, J.

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