Bombay High Court

SHRIKANT SHIWAPPA KOTIWARversusTHE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the amendment to the prayer clause is permissible, the delay is condoned, and the earlier order is quashed, thereby restoring the writ petition.

Summary

The applicant, Shrikant Shiwappa Kotiwar, filed a civil application seeking permission to amend the prayer clause of his writ petition, to condone a delay, and to have an earlier order dated 02.02.2026 quashed. The High Court examined whether such amendment and condonation were permissible under procedural law. The Court found that the amendment could be made forthwith and that the delay was condonable. Accordingly, it ordered that the earlier order be set aside and the writ petition be restored to its original stage. The restoration was conditioned upon the removal of any office objections within four weeks.

Issues considered

Whether amendment to the prayer clause of a writ petition may be permitted after filing.
Whether the delay in filing the amendment can be condoned.
Whether the order dated 02.02.2026 should be quashed and the writ petition restored.

Subjects

amendment of prayer clause
condonation of delay
quash order
restoration of writ petition
procedural law

Judgment

2026:BHC-AUG:42402-DB

*1* 903-ca-9660-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

903 CIVIL APPLICATION NO. 9660 OF 2026
IN WPST/27043/2025

Shrikant Shiwappa Kotiwar
VERSUS
The Union Of India Through Its Secretary And Others
...
Ms. Sunita G. Sonawane, Advocate for Applicant
Mr. M. K. Goyanka, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 11th SEPTEMBER 2026

P. C. :-

1. Leave to carry out amendment in terms of prayer clause

(B) is granted. Amendment to be carried out forthwith.

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

condoned and the same is allowed in terms of prayer Clause-B,

which reads thus :-

“B) The order dated 02.02.2026 passed by the Hon’ble
High Court may kindly be quashed and set aside and
matter may kindly be restored in this original stage.”

3. Writ Petition is restored subject to removal of office

objections within a period of four (04) weeks from today.

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

Narwade

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