Bombay High Court

MANISHA MANOHAR KARTADEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court recalled the dismissal order dated 17.08.2026 and restored the writ petition to its original position.

Summary

Manisha Manohar Kartade filed a writ petition against the State of Maharashtra. The petition was dismissed on 17.08.2026 for want of prosecution after the petitioner failed to appoint a new advocate following the elevation of the earlier counsel. The petitioner then filed a civil application (927 CIVIL APPLICATION NO. 11421 OF 2026) seeking recall of the dismissal order and restoration of the writ petition to its original position. The petitioner’s new advocate, N. B. Tambade (with M. S. Karad), undertook to prosecute the writ petition. The High Court, after considering the application, allowed it, recalled the dismissal order, and restored the writ petition. The matter was scheduled for further consideration on 29.10.2026.

Issues considered

What is the effect of a dismissal for want of prosecution when the petitioner does not appoint a new advocate?
Can a civil application be entertained to recall a dismissal order and restore a writ petition?

Subjects

writ petition
want of prosecution
civil application
advocate appointment
order recall
restoration of petition

Judgment

2026:BHC-AUG:46344



                                                       1
                                                                     927 CA 11421 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 927 CIVIL APPLICATION NO. 11421 OF 2026
                                             IN WP/5217/2024

                                   MANISHA MANOHAR KARTADE
                                               VERSUS
                      THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL
                                       SECRETARY AND OTHERS
                                                  ...
                     Mr. N. B. Tambade h/f. Mr. M. S. Karad, Advocate for
                     Applicant
                     Mr. S. N. Kendre, AGP for Respondent Nos.1 to 5 – State
                                                  …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 1st October 2026

                     P.C. :-

                     .         Consequent to the elevation of the earlier advocate for

                     the petitioner, the Registry issued notice to the petitioner for

                     engaging another advocate. The notice was served, yet the

                     petitioner chose not to appoint any other advocate. Hence,

                     this Court was constrained to dismiss the Writ Petition for

                     want of prosecution by order dated 17.08.2026.

                     2.        The present Civil Application is filed for recall of the

                     said order and for restoration of the Writ Petition to its

                     original position.
                                2
                                               927 CA 11421 OF 2026

3.    Learned Advocate for the petitioner undertakes to

prosecute the Writ Petition having been authorized by the

petitioner.

4.    For the reasons stated in the application, the same is

allowed. The order dated 17.08.2026 stands recalled. The

Writ Petition stands restored to its original position.

5.    Post    this   matter   for    further   consideration    on

29.10.2026.



                                    ( AJIT B. KADETHANKAR, J. )
PRW

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