1 WP / 8602 / 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 WRIT PETITION NO. 8602 OF 2025 SAGAR SUBHASH HATTE VERSUS THE UNION OF INDIA THR THE SECRETARY OF DEPARTMENT AND OTHERS ... Advocate for petitioner : Mr. G.A. Gadhe aw/ Mr. Kapil Morey AGP for the respondent – State : Mr. R.S. Wani Standing Counsel for respondent no.1 : Mr. N.T. Tribhuwan ... CORAM : KISHORE C. SANT AND JITENDRA JAIN, JJ. DATE : 2 SEPTEMBER 2026 PER COURT : Heard learned counsel for the petitioner, Standing Counsel for UOI and learned AGP for the respondent. 2. The petition is filed with a prayer that the petitioner be appointed as a legal guardian of respondent no. 5 who happens to be his father suffering from alzheimer and diabetes. It is also prayed that in the alternative any other person be appointed as guardian because of the mental condition of the father. This Court, by order dated 02.04.2026 has directed the petitioner to take his father to Medical Board and to submit the report. 2026:BHC-AUG:40395-DB 2 WP / 8602 / 2025 3. Thereafter, again an order was passed on 05.05.2026 directing to take the father for the medical examination by the Medical Board at Latur. By order dated 12.05.2026, this Court had modified the order suitably, since in the Government Medical College and Hospital at Latur, the post of Neuro Physician was vacant, one Dr. Devashish Ruikar, Neuro Physician was made a member of the Medical Board. Be that as it may. 4. Now the certificate is issued and is produced on record dated 18.05.2026, showing condition of respondent no. 5 as ‘Major Cognitive Impairment (Most Probably Alzeimer’s disease severe) with HTN with DM with IHD.’. The remark shows that because of severity of Cognitive Impairment, he needs assistance in day to day activities. 5. Considering this and the prayers and finding that the mother of the petitioner, namely, Girjabai W/o Subhash Hatte, who is respondent no. 6 is still there, we enquired that whether she is educated and capable of taking care and decisions on behalf of respondent no. 5, it is informed that she is educated up to 7th standard and 66 years of age. We thus find that she would be the best person to take care of respondent no. 5 being his wife. 6. It is also informed that all the brothers are staying in the same premises. The guardian is to be appointed only for taking care 3 WP / 8602 / 2025 about the bank deposits etc. and other financial transactions. In the fitness of the things and in the peculiar facts of the case, we appoint respondent no. 6 – Girjabai W/o Subhash Hatte as a guardian of respondent no. 5. We make it clear that no property shall be transferred if standing in the name of respondent no. 5 without seeking permission from the appropriate Court. 7. Writ petition is disposed of accordingly. [ JITENDRA JAIN ] [ KISHORE C. SANT ] JUDGE JUDGE arp/