VIRESH SHURSEN POL LEGAL HEIR OF LATE SHURSEN PARSHURAM POL v. STATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER AND ORS
WP/2211/2023 · 2026-10-12
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18949 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18949 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
k 1/2 43 wp 2211.23 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2211 OF 2023 Viresh Shursen Pol since deceased through Legal Heir Late Shursen Parshuram Pol & Ors. ....Petitioners V/S State of Maharashtra & Ors. ....Respondents WITH INTERIM APPLICATION NO.8854 OF 2025 IN WRIT PETITION NO.2211 OF 2023 Viresh Shursen Pol since deceased through Legal Heir Late Shursen Parshuram Pol & Ors. ....Applicants IN THE MATTER BETWEEN Viresh Shursen Pol since deceased through Legal Heir Late Shursen Parshuram Pol & Ors. ....Petitioners V/S State of Maharashtra & Ors. ....Respondents _________ Mr. Alokik Pai a/w Mr. Zubiya Khatib for the Petitioners/Applicants. Mr. Amogh Singh with Mr. Rohit Vaisya for Respondent No.3. Mr. Mutahhar Khan a/w Mr. Harshit Gandhi, Ms. Mamta Kumawat, Mr. Gaurav Aswani i/b Mr. Rahul Tiwari for Respondent No.7(a). Mr. Shailesh Pal for Respondent No.10. Mr. S.D. Chipade, AGP for Respondent Nos.1 and 2/State. __________
CORAM : SANDEEP V. MARNE, J.
DATE : 12 OCTOBER 2026. katkam Page No.
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2026:BHC-AS:41726
k 2/2 43 wp 2211.23 as.doc P.C.:
1. It appears that Petitioner had already filed Writ Petition No.1330 of 2023 challenging the same order. Writ Petition No.1330 of 2023 is dismissed as withdrawn on 18 March 2026. In that view of the matter, Petitioner cannot maintain one more challenge to the same order by filing the present Petition. Petitioner appears to have made a false statement in paragraph 23 of the Petition that he has not filed any other Petition challenging the impugned order, when in fact, Writ Petition No.1330 of 2023 filed by him was already pending. Mr. Pai, the learned counsel appearing for Petitioners submits that as on 18 March 2026, Petitioner was not alive and had passed away on 10 April 2025. Death of Petitioner at the time of withdrawal of Writ Petition No.1330 of 2023 is irrelevant. What is relevant is the fact that Petitioner cannot be permitted to file two Petitions challenging the same order.
2. In that view of the matter, the present Writ Petition is dismissed.
3. In view of disposal of the Writ Petition, nothing would survive in the Interim Application and the same is also accordingly disposed of.
(SANDEEP V. MARNE, J.) katkam Page No.
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Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 14/10/2026 10:55:10