Bombay High Court

CHANDRABHAN LAXMAN KHALKAR AND ORSversusTHE STATE OF MAHARASHTRA THR. DISTRICT COLLECTOR NASHIK AND ANR

Decided: 17 February 2026
Disposal: Allowed
Bench: MANISH PITALE SHREERAM VINAYAK SHIRSAT

Holding

The Court restored the writ petition, condoning the delay, subject to the petitioners removing the office objections within two weeks.

Summary

The petitioners, Chandrabhan Laxman Khalkar and others, had their writ petition dismissed because they failed to remove office objections, as ordered on 03/10/2025. They filed an interim application seeking restoration of the dismissed petition. The High Court examined whether the dismissal could be set aside despite the procedural lapse and whether the delay in filing the application could be condoned. The Court held that the delay was excusable and allowed the restoration, imposing a condition that the petitioners must remove the office objections within two weeks. Consequently, the writ petition was reinstated to the file pending compliance with the condition.

Issues considered

Whether a writ petition dismissed for non-removal of office objections can be restored.
Whether the delay in filing the interim application can be condoned.

Subjects

Writ petition
Restoration
Office objections
Condonation of delay
Civil appellate jurisdiction

Judgment

ANANT                                                                           9.IA.1212.2026.DOC

KRISHNA
NAIK                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by                CIVIL APPELLATE JURISDICTION
ANANT KRISHNA
NAIK
Date: 2026.02.18                INTERIM APPLICATION NO. 1212 OF 2026
15:10:39 +0530
                                                 IN
                                 WRIT PETITION(ST) NO. 28055 OF 2025

             Chandrabhan Laxman Khalkar & Ors        ...Applicants/Petitioners
                   Versus
             The State Of Maharashtra & Anr           ...Respondents
                                             _______
             Mr. Siddharth Ghodke i/b. Adv. N. G. Rokade for                                 the
             Applicants/Petitioners.
             G. R. Raghuwanshi, AGP for the Respondent-State.
                                             _______

                                         CORAM:      MANISH PITALE &
                                                     SHREERAM V. SHIRSAT, JJ.

                                         DATE:       17th FEBRUARY 2026
             P.C.

             1.       By this Application, the Applicants are seeking restoration of the Writ

             Petition, which was dismissed on account of non-removal of office

             objections, in terms of order dated 03/10/2025 passed by the Registrar

             (Judicial– I).


             2.       For the reasons stated in the Application, the same is allowed. Delay

             is condoned and the Writ Petition is restored to the file, subject to the

             Applicants (Original Petitioners) removing office objections within two

             weeks from today.



                   (SHREERAM V. SHIRSAT, J.)                   (MANISH PITALE, J.)




             Akn                                       1

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