Bombay High Court

RAHUL DATTATRAYA AUTADEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that amendment of the prayer clause for condonation of delay is permissible and the delay is condoned, thereby restoring the writ petition.

Summary

The petitioner, Rahul Dattatraya Autade, filed a civil application seeking leave to correct and amend the prayer clause of his writ petition to include a request for condonation of delay. The petitioner’s counsel, Shubham Pawar, argued that the amendment was necessary to address procedural deficiencies. The Court examined whether the amendment of a prayer clause for condonation of delay is permissible under procedural law. It granted leave to amend the prayer clause and subsequently condoned the delay, finding no substantive prejudice. Accordingly, the Court allowed the application, restored the writ petition, and directed the petitioner to remove any office objections within four weeks.

Issues considered

Whether leave can be granted to amend the prayer clause of a civil application for condonation of delay
Whether the delay in filing the amendment can be condoned
Whether the writ petition can be restored upon amendment and condonation

Subjects

amendment of prayer clause
condonation of delay
civil application
writ petition
High Court of Bombay
procedural law

Judgment

2026:BHC-AUG:39572-DB

*1* 9-ca-9430-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

9 CIVIL APPLICATION NO. 9430 OF 2026
IN WP/15259/2025

Rahul Dattatraya Autade
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr.Shubham Pawar h/f. Mr. Rahul R. Karpe, Advocate for
Applicant
Mr. M. K. Goyanaka, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 29th AUGUST 2026
P. C. :-

1. Learned Counsel for the petitioner seeks leave to correct

prayer Clause (A) and amend the prayer clause for

incorporation of prayer for condonation of delay.

2. Leave is granted. Amendment to be carried out forthwith.

3. For the reasons stated in the Civil Application, delay is

condoned and the application is allowed.

4. Writ Petition is restored. Petitioner is directed to remove

office objections within a period of four (4) weeks from today.

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

Narwade

Continue reading with your account

Checking your session…