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Bombay High Court

KANTARAM KISAN SATAV AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay, set aside the dismissal order, and restored the writ petition for hearing.

Summary

Kantaram Kisan Satav and others had their writ petition (No.5718 of 2019) dismissed by an order dated 12 January 2026. They filed an interim application (No.3061 of 2026) after a delay of 198 days, seeking condonation of the delay and restoration of the dismissed petition. The Court, after hearing only the respondent's counsel, found the reasons for delay sufficient and allowed the application. It condoned the 198‑day delay, quashed the dismissal order, and ordered that the writ petition be restored and listed for hearing on 17 September 2026. The interim application was therefore allowed and disposed.

Issues considered

  • Whether a delay of 198 days in filing an application for restoration of a dismissed writ petition can be condoned.
  • Whether the order dismissing the writ petition dated 12 January 2026 can be set aside.
  • Whether the writ petition can be restored and proceeded with on its merits.

Subjects

  • interim application
  • condonation of delay
  • restoration of writ petition
  • criminal appellate jurisdiction
  • procedural law

Judgment

                                                                             75.IA.3061.2026+.doc

HARSHADA H. SAWANT
      (P.A.)
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                              INTERIM APPLICATION NO.3061 OF 2026
                                              IN
                                 WRIT PETITION NO.5718 OF 2019

              Kantaram Kisan Satav And Ors.                              .. Applicants
                         Versus
              The State of Maharashtra and Ors.                          .. Respondents
                                          ....................
               None for Applicants.
               Mr. Yogesh M. Nakhawa, APP for Respondent – State.
                                               ...................

                                              CORAM : MILIND N. JADHAV, J.
                                              DATE          : SEPTEMBER 01, 2026
              P.C.:

              1.         None appears for Applicants.


              2.         Heard Mr. Nakhawa, learned APP for Respondent – State.


              3.         None for Applicant.


              4.         Application is filed for restoration of dismissed Petition by

              virtue the order dated 12.01.2026.


              5.         In view of reasons mentioned in paragraph No.2 of the

              Application, I am inclined to allow the said Application and condone

              the delay of 198 days in filing the said Application. Interim Application

              stands allowed in terms of prayer clauses (b) and (c) which read thus:-


                         “b) Delay of 198 days may kindly be condoned;
                         c)    That this Hon’ble Court may be pleased to restore Writ
                               Petition No.5718 of 2019 on the file of this Hon’ble Court
                               and decide the same on its merits. ”

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                                                                            75.IA.3061.2026+.doc


               6.              The order dated 12.01.2026 stands quashed and set aside.


               7.              List the Writ Petition on 17th September, 2026.


               8.              With the above directions, Interim Application is allowed and

               disposed.



H. H. SAWANT                                                 [ MILIND N. JADHAV, J. ]



                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.02
                            11:02:31 +0530




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