Bombay High Court

MUSTAFA DILAWAR KHAN PATHANversusTHE COMMISSIONER MUNICIPAL CORPORATION CHH SAMBHAJINAGAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The court condoned the delay, restored the writ petition, and ordered the petitioner to remove office objections within four weeks.

Summary

The petitioner, Mustafa Dilawar Khan Pathan, filed a civil application seeking condonation of delay in his writ petition against the Commissioner of Municipal Corporation, Chh Sambhajinagar. The court examined whether the procedural lapse could be excused. It held that the delay was condoned, thereby restoring the writ petition. The court further directed the petitioner to withdraw any office objections within four weeks. No substantive merits of the underlying dispute were addressed, as the order pertained solely to procedural regularisation.

Issues considered

Whether the delay in filing the writ petition can be condoned under the Civil Procedure Code
Whether the writ petition should be restored upon condonation of delay
Whether the petitioner must remove office objections within a specified period

Subjects

delay condonation
writ petition
Civil Procedure Code
municipal corporation
procedural order

Judgment

2026:BHC-AUG:39581-DB


                                                    *1*                       16-ca-9517-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                               16 CIVIL APPLICATION NO. 9517 OF 2026
                                         IN WPST/9273/2025

                                  Mustafa Dilawar Khan Pathan
                                            VERSUS
                 The Commissioner Municipal Corporation Chh Sambhajinagar
                                           And Others
                                               ...
                Adv. Ravindra Narhari Jadhav, Advocate for Applicant
                Mr. N. D. Batule, AGP for Respondents
                                               ...
                                   CORAM : NITIN B. SURYAWANSHI &
                                             ABASAHEB D. SHINDE, JJ.
                                   DATE : 29th AUGUST 2026

                P. C. :-

                1.         Heard.

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

                condoned.

                3.         Writ Petition is restored. Petitioner to remove office

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




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




                Narwade

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