Bombay High Court

BALAJI UMAKANT SWAMIversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the delay may be condoned and allowed the civil application.

Summary

Balaji Umakant Swami filed a civil application seeking condonation of delay in a writ petition against the State of Maharashtra. The applicant, represented by Advocate Vikas S. Bhale, argued that the delay should be excused and the writ petition restored. The State, represented by AGP N. B. Kamble, opposed the condonation. The Bench consisting of Justices Nitin B. Suryawanshi and Abasaheb D. Shinde examined whether the procedural lapse could be justified. Relying on principles of equity and the discretion vested in the court, the judges decided to condone the delay. Consequently, the civil application was allowed and the writ petition was restored to its original position.

Issues considered

Whether the delay in filing the civil application can be condoned?

Subjects

delay condonation
civil application
writ petition
high court
jurisdiction

Judgment

2026:BHC-AUG:38368-DB


                                                 1                    15-CA-9246-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 9246 OF 2026
                                      IN WP/7448/2023

                                     BALAJI UMAKANT SWAMI
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                             OTHERS
                                                ...
              Mr. Vikas S. Bhale, Advocate for Applicant
              Ms. N. B. Kamble, AGP for Respondents/State
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 21st AUGUST, 2026

              PER COURT :

              1.           Heard.

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

              condoned. Civil application is allowed. Writ petition is restored to it’s

              original position.



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




              SVH

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