Bombay High Court

SAHEBRAO SHANKAR AKOLKAR AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that amendment of the prayer clause is permissible and the writ petition may be restored upon compliance with procedural requirements.

Summary

Sahebrao Shankar Akolkar and others filed a civil application seeking restoration of their writ petition against the State of Maharashtra after the petition faced objections. The applicants requested leave to amend prayer clause ‘A’ of their application. The court examined whether such an amendment could be permitted and whether the writ petition could be reinstated despite the procedural objections. It held that the amendment was permissible and that the writ petition could be restored upon compliance with the court’s directions. Accordingly, the court granted leave to correct the prayer clause, restored the writ petition, and ordered the applicants to remove the office objections within four weeks.

Issues considered

Whether the court may allow amendment of prayer clause ‘A’ in the civil application.
Whether the writ petition can be restored after being obstructed by office objections.

Subjects

civil procedure
writ petition
amendment of prayer
court order
office objections

Judgment

2026:BHC-AUG:38360-DB


                                                   {1}                    11-ca-9078-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                    11 CIVIL APPLICATION NO. 9078 OF 2026
                                               IN WP/6326/2026

                              Sahebrao Shankar Akolkar And Others
                                             VERSUS
                 The State Of Maharashtra Through Its Chief Secretary And Others
                                                ...
              Mr. Sameer Patel, Advocate for Applicants
              Ms. Neha Kamble, AGP for State
                                              .......

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


                                             DATE : 21st AUGUST, 2026
              PER COURT :

              1.       Leave to correct prayer clause ‘A’. Amendment be carried out

              forthwith.

              2.       For the reasons stated in the application, writ petition is

              restored. Civil Application is allowed.

              3.       Applicants to remove office objections within four weeks from

              today.



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




              Bhagyawant Punde

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