Bombay High Court

KAMANNA IRAPPA SHIVRAYEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the delay was condonable and allowed the civil application for restoration of the writ petition registration.

Summary

The applicant, Kaman... Irappa Shivray, sought restoration of a writ petition whose registration had been rejected by the Registrar (Judicial) on 28 July 2025. The applicant’s counsel failed to notice the registrar’s order, resulting in a 175‑day delay in filing a civil application for restoration. The applicant explained that the delay was due to inadvertence and inability to contact his advocate. The court examined whether such a delay could be condoned in view of the satisfactory explanation. Finding the explanation reasonable, the court allowed the civil application and ordered restoration of the writ petition registration.

Issues considered

Whether a delay of 175 days in filing a civil application for restoration of a writ petition registration can be condoned.

Subjects

writ petition
registration
restoration
delay
condonation
civil procedure

Judgment

                             1                 65-CA.10857-26.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

          65 CIVIL APPLICATION NO. 10857 OF 2026
                    IN WPST/12171/2025

             KAMANNA IRAPPA SHIVRAYE
                    VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY
                  AND OTHERS
                               ...
     Advocate for Applicant : Mr. Tukaram Maruti Venjane.
      AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                        Bharaswadkar.
                               ...

                       CORAM : MANJUSHA A. DESHPANDE, J.
                       DATE : 21.09.2026

PER COURT :-


1.    The applicant is seeking restoration of the writ petition

of which the registration came to be rejected vide order dated

28.07.2025 passed by the Registrar (Judicial).    The learned

advocate for the applicant submits that the order passed by the

Registrar (Judicial) was not noticed by him. Therefore, due to

inadvertence on his part, he failed to take note of the order

refusing registration. The applicant being a resident of Latur,

could not contact his advocate. Therefore, there is a delay of

175 days in filing civil application.
                            2                    65-CA.10857-26.odt


2.      In view of this satisfactory explanation given by the

applicant, civil application is allowed in terms of prayer clauses

“B and C”.




                                (MANJUSHA A. DESHPANDE, J.)

                                 ...

vmk/-

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