Bombay High Court

GANGADHAR SHIVRAJ CHANDAPUREversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRTARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The order dismissing the writ petition for default was recalled and the petition restored to its original position.

Summary

The petitioner, Gangadhar Shivraj Chandapure, filed a writ petition which the High Court ordered to be dismissed for default after the petitioner failed to serve spare copies to the respondent within two weeks. The petitioner claimed inadvertent oversight caused the default and filed an application for recall of the dismissal order, albeit 12 days after the deadline. The court examined whether the delay was deliberate or merely inadvertent and whether the petition could be restored. Finding the explanation satisfactory and the delay non‑intentional, the court recalled its earlier order. Consequently, the writ petition was reinstated to its original position.

Issues considered

Whether a writ petition dismissed for default can be recalled on the ground of inadvertent delay in compliance.

Subjects

recall of order
default dismissal
writ petition
inadvertent delay
procedural law
civil procedure

Judgment

                             1                   919-CA.11003-26.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          919 CIVIL APPLICATION NO. 11003 OF 2026
                      IN WP/6228/2026

             GANGADHAR SHIVRAJ CHANDAPURE
                        VERSUS
     THE STATE OF MAHARASHTRA THROUGH ITS SECRTARY
                      AND OTHERS

                               ...
        Advocate for Applicant : Mr. Deshmukh Yogesh P.
          AGP for Respondent/s-State : Mr. K. S. Patil..
       Advocate for Respondent No.5 : Mr. Umesh Mitkari.
                               ...

                       CORAM : MANJUSHA A. DESHPANDE, J.
                       DATE : 24.09.2026

PER COURT :-


1.      Heard learned advocate for the applicant, learned AGP

as well as learned advocate for respondent No.5.


2.      This is an application filed for recall of order passed by

this Court on 21.07.2026. This Court has passed an order

directing the petitioner to supply spare copies for serving the

respondent within a period of two (2) weeks from the date of

order, failing which, the writ petition was directed to be

dismissed without further reference to the Court.


3.      Learned advocate for the applicant submits that due to

inadvertence, the petitioner could not take note of the order

passed by this Court as a result of which, the matter was
                             2                    919-CA.11003-26.odt


dismissed for default. The applicant was brought knowledge of

the said order and has filed present application immediately,

however, there is delay of about 12 days in filing the

application. Considering that the compliance as well as the

delay occurred in filing the application is neither deliberate nor

intentional. The Writ Petition deserves to be restored to its

original position.


4.      In view of the satisfactory explanation given by the

applicant, the order passed by this Court on 21.07.2026 is

recalled and Writ Petition is restored to its original position.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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