Bombay High Court

MAHAVIR KUNDLIK BELDARversusSTATE OF MAHARASHTRA THR ITS SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS

Disposal: Disposed Off

Holding

The Court recalled the dismissal and directed the supply of spare copies, allowing the interim application.

Summary

Mahavir Kundlik Beldar filed a writ petition which was dismissed on 18 November 2022 against Respondents 6 and 7 on the ground that spare copies of the petition were not supplied. The petitioner filed an interim application seeking recall of that dismissal, arguing that the non‑supply of spare copies should not have led to dismissal. The High Court examined whether the procedural lapse warranted dismissal and found that the order could be recalled. The Court recalled the dismissal, directed that spare copies be supplied to the Registry within one week, and ordered a fresh notice to be issued to Respondents 6 and 7. The interim application was allowed.

Issues considered

What is the appropriate remedy when a petition is dismissed solely for the non‑supply of spare copies?

Subjects

interim relief
writ petition
spare copies
procedural order
recall of dismissal

Judgment

2026:BHC-KOL:8007-DB

4-IA-1213-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1213 OF 2026
IN
WRIT PETITION NO. 10143 OF 2022
Mahavir Kundlik Beldar ...Applicant/
Petitioner
Versus
State Of Maharashtra Thr Its Secretary School ...Respondents
Education And Sport Dept. And Ors
——————
Mr. Manoj Harit (through VC), for the Petitioner.
Ms. Tejas Kapre, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : AUGUST 25, 2026

P. C. :

1. Interim Application has been preferred seeking the recall of the
order dated 18th November, 2022, by which the Petition was dismissed
against Respondent Nos. 6 and 7 for the non-supply of spare copies.
2. For the reasons stated in the application, the order of dismissal as
regards Respondent Nos. 6 and 7 is recalled.
3. Let spare copies be supplied in the Registry within a period of one
week from today. Upon spare copies being supplied, re-issue notice to
Respondent Nos. 6 and 7 returnable on 5th October, 2026.
4. Interim Application is allowed.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Arya Chavan 1 of 1

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