Bombay High Court

SAMBHAJI ARJUN MALIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court waived the court fee objection due to legal aid and condoned the delay, thereby restoring the writ petition.

Summary

The petitioner’s writ petition was initially dismissed because court fees had not been paid. However, the petition was assigned legal aid, leading the court to waive the fee objection. The petitioner filed a civil application seeking condonation of the delay in filing the writ petition. The court examined whether the fee objection could be set aside on legal aid grounds and whether the delay warranted condonation. It held that the legal aid waiver removed the fee objection and that the delay was condoned. Consequently, the writ petition was restored and the civil application was disposed.

Issues considered

Whether the objection to non-payment of court fees can be waived when the matter is assigned legal aid.
Whether the delay in filing the writ petition can be condoned.

Subjects

legal aid
court fees
condonation of delay
writ petition
civil application

Judgment

2026:BHC-AUG:39377-DB
                                            1                          28.CA.13707.25.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 13707 OF 2025
                                       IN WPST/13773/2025

                                     SAMBHAJI ARJUN MALI
                                           VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS

                                                  ...
                         Advocate for Applicant : Mr. Deshmukh Sakharam G.
                               AGP for Respondents: Mr. N. D. Batule
                                                  ...

                                    CORAM        : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                    DATE         : 29.08.2026


             PER COURT:

             1.        The writ petition was dismissed for non-removal of office

             objections, as the Court fees were not paid. However, since the matter

             was allotted to legal aid, the objection is waived.

             2.        For the reasons stated in the civil application, the delay is

             condoned. The writ petition is restored. Civil application is disposed

             of.



             (ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)


             habeeb/

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