Bombay High Court

SANDESH SAMPAT ADHAVversusTHE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR AHILYANAGAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The order dated 27‑04‑2026 is recalled and the 29‑day delay is condoned.

Summary

The petitioner, Sandesh Sampat Adhav, filed an application seeking recall of an order dated 27 April 2026, which had directed dismissal of his writ petition if objections were not removed within six weeks. He argued that the delay in filing the application was neither intentional nor deliberate, as he was unaware of the common order linking his petition. The Court examined whether the delay could be condoned and whether the earlier order should be set aside. Finding the petitioner's explanation satisfactory, the Court recalled the 27 April 2026 order and condoned a 29‑day delay. Consequently, the writ petition remains pending for further consideration.

Issues considered

Whether the Court may recall its earlier order dated 27‑04‑2026 on the ground of non‑intentional delay
Whether a delay of 29 days in filing the application can be condoned

Subjects

writ petition
condonation of delay
recall of order
civil procedure

Judgment

2026:BHC-AUG:39971

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 9932 OF 2026
IN WP/13475/2025
SANDESH SAMPAT ADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR
AHILYANAGAR AND OTHERS
...
Advocate for Applicant : Mr. Shermale K. N.
AGP for Respondent/s – State : Ms. Vaishali Chaudhari
…

CORAM : MANJUSHA DESHPANDE, J.
DATE : 31st AUGUST, 2026

PER COURT :

1. The Petitioner is seeking to recall the order passed by this

Court on 27.04.2026. This Court by a common order has passed an order

that if the objections are not removed or steps are not taken within a

period of six weeks, the Petition shall dismissed with further reference to

the Court.

2. It is submitted since the present Writ Petition was a part of

the common order, which was not noticed by the Petitioner and he could

not take steps as directed by this Court. Since the delay occurred in filing

the Application is neither intentional nor deliberate, the order passed by

this Court deserves to be recalled.
2 62.odt

3. In view of the averments made in the Application, the order

dated 27.04.2026, passed by this Court is recalled by condoning the delay

of 29 days.

( MANJUSHA DESHPANDE, J. )

SPC

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