Bombay High Court

JAI AMBIKA SHIKSHAN PRASARAK MANDAL THROUGH ITS CHAIRMAN ARUN BABURAO PAWAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

The Court condoned the delay and restored the writ petition.

Summary

The petitioners, Jai Ambika Shikshan Prasarak Mandal, filed a civil application seeking restoration of their writ petition (No. 14909 of 2019) which had been dismissed in default on 27.03.2026 for failing to remove office objections within the prescribed time. They admitted a delay of 46 days in filing the restoration application but undertook to remove the objections within two weeks of the court's order. The respondents, the State of Maharashtra and others, opposed the condonation of the delay. The Court examined whether the procedural lapse could be excused in the interest of justice. It held that the delay was condonable, allowed the application, and restored the writ petition, directing the petitioners to clear the objections within two weeks and placing the petition on board on 18.08.2026 for argument.

Issues considered

Whether a delay of 46 days in removing office objections can be condoned for restoration of a writ petition dismissed in default.

Subjects

writ petition
default dismissal
condonation of delay
restoration of petition
office objections
civil procedure

Judgment

                                       1                     4 CA 6903-2026.odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                4 CIVIL APPLICATION NO. 6903 OF 2026
                 IN WRIT PETITION NO. 14909 OF 2019

      JAI AMBIKA SHIKSHAN PRASARAK MANDAL THROUGH ITS
          CHAIRMAN ARUN BABURAO PAWAR AND OTHERS
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS

                                    …
Mr. Viraj S. Yelmane h/f. Mr. M.S. Deshmukh – Advocate for Applicants
Mr. P.K. Lakhotiya – AGP for Respondent Nos.1 to 3/State
                                    …

                      CORAM            : KISHORE C. SANT AND
                                         AJIT B. KADETHANKAR, JJ.
                      DATE             : 07.07.2026

PER COURT :
1.    Heard learned Counsel for the applicants and learned A.G.P. for

respondent Nos.1 to 3/State.


2.    This application has been filed seeking restoration of Writ Petition

No. 14909 of 2019, which came to be dismissed in default by order dated

27.03.2026, as the applicants/petitioners failed to remove the office

objections within stipulated period.


3.    The applicants/petitioners now undertake to remove the office

objections within a period of two (2) weeks from today. While filing the

present application, a delay of 46 days has been caused.
                                       2                         4 CA 6903-2026.odt


4.       For the reasons stated in the application, the delay is condoned.

Accordingly, the application is allowed and Writ Petition No.14909 of

2019 stands restored.


5.       If the office objections are removed within a period of two (2)

weeks from today, place the petition on board dated 18.08.2026.


6.       The petitioners shall argue the petition on the next date.




 [ AJIT B. KADETHANKAR, J. ]                      [ KISHORE C. SANT, J. ]




Pooja Kale/

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