930 wp 5776 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5776 OF 2024 Narayan Dattarao Paul … Petitioner Versus The State Of Maharashtra through its Principal Secretary and Others … Respondents … • Mr. Kendre Shankar Balaji, Advocate for the Petitioner • Ms. Kalpalata Patil Bharaswadkar, Addl. G.P. for Respondent Nos. 1 to 3 • Ms. Surekha G. Chincholkar, Advocate for Respondent Nos. 4 to 6, 7, 8 to 15, 16 and 17. … CORAM : ROHIT W. JOSHI, J. DATE : 10th JUNE, 2025 O R D E R : 1. Petitioner is son of deceased Sulochanabai Dattarao Paul. The respondent nos. 4 to 17 had filed a proceeding under Section 5 of the Mamlatdar’s Courts Act, 1906 against Sulochanabai. The proceeding was filed against her, although she was no more as on the date of filing of the application. The said application was allowed by the learned Mamlatdar vide order dated 08.07.2022. 2. Petitioner challenged the said order passed by the learned Mamlatdar by filing a revision application, which has been dismissed vide order dated 01.03.2024. The petitioner has filed the present petition challenging the said orders. komal kamble 1/2 930 wp 5776 2024 3. The learned counsel for contesting respondent nos. 4 to 17 does not dispute that Sulochanabai was no more as on the date of filing of the proceeding before the learned Mamlatdar. She concedes to the legal position that since the proceeding was initiated against a dead person, the consequent orders will not be binding on the petitioner. 4. It appears that although Sulochanabai / non-applicant no. 2 was no more, there are two other non-applicants in the proceedings. The proceedings are therefore, remanded back to the learned Mamlatdar for deciding the matter afresh by impleading legal heirs/legal representatives of deceased Sulochanabai. Parties shall appear before the learned Mamlatdar on 01.07.2025. Parties to note that separate notice will not be issued by the learned Mamlatdar. The proceedings shall be decided on its own merits on or before 31.12.2025. [ROHIT W. JOSHI] JUDGE komal kamble 2/2