Bombay High Court

BABASAHEB TULSHIRAM SARUK AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Delay may be condoned subject to payment of Rs.2000 cost and removal of objections within the stipulated period.

Summary

The petitioners applied for condonation of delay in filing their writ petition before the High Court. The State of Maharashtra raised objections to the delay. The Court considered whether procedural rules permit condoning such delay. It decided that the delay could be condoned provided the petitioners pay a cost of Rs.2000 to the Advocates’ Association and remove the objections within four weeks. Consequently, the civil application was allowed and the writ petition restored to its original position.

Issues considered

Whether the delay in filing the writ petition can be condoned
Whether payment of cost and removal of objections are valid conditions for condonation

Subjects

condonation of delay
civil application
writ petition
cost order
High Court procedure

Judgment

2026:BHC-AUG:34060-DB
                                                  1                       903.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                        903 CIVIL APPLICATION NO. 7873 OF 2026
                                  IN WPST/23484/2025

                 BABASAHEB TULSHIRAM SARUK AND OTHERS
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS
                                            ...


                  Advocate for the Applicant : Mr. Nagarsoge Sahebrao A
                       AGP for Respondent/State : Mr. V.M. Kagne
                                            …
                                         CORAM        : NITIN B. SURYAWANSHI AND
                                                        ABASAHEB D. SHINDE, JJ.
                                           DATE       : 31.07.2026

             PER COURT :
             .       Heard.

             2.      For the reasons stated in the application, the delay is condoned
             subject to payment of cost of Rs.2000/- to be paid to the Advocates’
             Association of Bombay High Court, At Aurangabad within a period of
             two weeks from today . Subject to removal of office objections within a
             period of four (04) weeks, the Writ Petition is restored to its original
             position. Civil Application is, accordingly, allowed.




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




   vsj..

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