Bombay High Court

TARABAI RABHAJI GAIKWAD AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS UNDER SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The deregistration order is quashed and the writ petition is restored, subject to the condition that the applicants remove office objections within two weeks.

Summary

The applicants filed a writ petition which was deregistered by the Registrar for failing to remove office objections within the prescribed time. They filed a civil application seeking to set aside the deregistration order, despite a 37‑day delay in filing. The Court condoned the delay, quashed the Registrar’s order dated 17‑Oct‑2024, and restored the writ petition. The restoration was made subject to the condition that the applicants remove the office objections within two weeks, failing which the order will become ineffective. No further concessions were granted to the applicants.

Issues considered

Whether the deregistration order of the writ petition can be set aside despite the applicants' delay in filing the application.
Whether the Court can condone a 37‑day delay in filing the application.
Whether the Court may impose a condition for removal of office objections as a prerequisite for restoring the writ petition.

Subjects

civil procedure
writ petition
deregistration
condonation of delay
office objections
High Court

Judgment

2026:BHC-AUG:37614

(1) 914 CA 10789 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

914 CIVIL APPLICATION NO. 10789 OF 2025
IN WPST/11752/2024
TARABAI RABHAJI GAIKWAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS UNDER SECRETARY AND
OTHERS
...
Mr. D. R. Jayabhar, Advocate for Applicants
Mr. B. V. Virdhe, AGP for Respondent-State
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 19.08.2026

PER COURT :-

. For want of removal of office objection within stipulated time, the
learned Registrar (Judicial) of this Court was pleased to cancel the registration
of the writ petition. This Civil Application is filed for setting aside the de-
registration order. There is delay of 37 days.

2. For the reasons recorded in the application, the same is allowed.
Delay stands condoned. The order dated 17.10.2024 passed by the learned
Registrar (Judicial) of this Court is quashed and set aside.

3. Writ Petition stands restored subject to condition that the
applicants shall remove office objections within two weeks from today. Failure
to remove office objection within such period shall make this order ineffective.
No further concession shall be granted to the applicants.

[AJIT B. KADETHANKAR, J.]
PRW

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