SMT. NOORJAN SAMSHUDDIN BHANVADIYA AND ORS. vs THE STATE OF MAHARASHTRA AND ORS.

bipin prithiani 1 wp-6921.17.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6921 OF 2017 Smt. Noorjan Samshuddin Bhanvadiya & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents ****** Ms. Vrushali L. Maindad a/w Ms. Manali P. Sawant and Ms. Akshada C. Mundhe for Petitioners. Mr. N. C. Walimbe, Addl. G. P., a/w Mrs. Tanu N. Bhatia, AGP for Respondents-State. Mr. Mayur Khandeparkar, Amicus Curiae, a/w Mr. Raghav Dharmadhikari. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. RESERVED ON : 25th MARCH 2026 PRONOUNCED ON : 8th JUNE 2026 Judgment (Per Manish Pitale, J.) : . A widow and two children of a deceased are petitioners in this petition, seeking compensation from the respondents i.e. the State and its officers, as the deceased, being the husband of the petitioner No.1 died while in the care and custody of the Yerwada Mental Hospital (a State Government run facility), due to a violent attack launched by another patient in the said hospital. According to the petitioners, the State is liable to pay monetary compensation to them as the aforesaid incident would not have occurred, but for the gross negligence e