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Bombay High Court

NANASAHEB SHRIPAT PATILversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Allowed

Holding

The writ petition was restored because the restoration application was filed within the limitation period.

Summary

The applicant, Nanasaheb Shripat Patil, filed an interim application seeking restoration of his writ petition (No. 271 of 2026) which had been dismissed for non-prosecution on 12 August 2026. The court examined whether the restoration application was filed within the prescribed limitation period. It was found that the application was indeed filed within time. Consequently, the court allowed the application and restored the writ petition as per the prayer clause. No substantive merits of the original writ were addressed; the order solely concerned procedural restoration.

Issues considered

  • Whether an application for restoration of a dismissed writ petition filed within the limitation period can be allowed.

Subjects

  • restoration of writ
  • non-prosecution dismissal
  • limitation period
  • criminal appellate jurisdiction
  • procedural relief

Judgment

                               DTG                                                           13-Ia-3115-2026.doc



                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                      CRIMINAL APPELLATE JURISDICTION

                                                   INTERIM APPLICATION NO. 3115 OF 2026
                                                                    IN
                                                      WRIT PETITION NO. 271 OF 2026

                               Nanasaheb Shripat Patil                                      … Applicant
                                        V/s.
                               The State of Maharashtra & Ors.                              … Respondents
                                                   _______________________________________

                               Mr. Shantanu Kolhe for Applicant.

                               Mr. Shrikant V. Gavand, A.P.P. for Respondent-State.
                                                _______________________________________

                                                            CORAM : A. S. GADKARI AND
                                                                    KAMAL KHATA, JJ.
                                                            DATE  : 16th September 2026

                               P.C. :

                               1)              This is an Application for restoration of Writ Petition No. 271 of

                               2026, which was dismissed for non-prosecution by an Order dated 12 th

                               August 2026.

                               1.1)            Present Application is filed within the period of limitation.

                               2)              In view thereof and for the reasons stated in the Application, it is

                               allowed in terms of prayer clause (A).




                                        ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )
            Digitally signed
            by
DNYANESHWAR DNYANESHWAR
TULSHIRAM   TULSHIRAM
GHUMNAR     GHUMNAR
            Date: 2026.09.21
            18:29:33 +0530
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