Bombay High Court
PANDURANG GANPAT GHULE AND ORSversusTHE STATE OF MAHARASHTRA THR PRIN. SEC. REVENUE AND FOREST DEPT. AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court held that the writ petition is restored, subject to removal of office objections within three weeks, and the registrar’s dismissal order is recalled.
Summary
The petitioners sought restoration of their writ petition, which had been dismissed for failure to remove office objections, by filing Interim Application No. 4449 of 2026. They argued that a parallel Interim Application No. 4453 of 2026 was already pending and that the court should consider the earlier application for appropriate relief. The Court examined the delay in filing and the procedural lapse, and, after considering the submissions, condoned the delay and recalled the registrar’s order of dismissal. Consequently, the writ petition was restored to the file, subject to the removal of office objections within three weeks. The Court also disposed of Interim Application No. 4453 of 2026 and scheduled the restored petition for listing on 28 July 2026.
Issues considered
- Whether the writ petition dismissed for non‑removal of office objections can be restored by an interim application.
- Whether the delay in filing the interim application can be condoned.
Subjects
- writ petition
- interim application
- office objections
- delay condonation
- restoration of petition
- civil appellate jurisdiction
Judgment
1
4-ia-4449-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4449 OF 2026
WITH
INTERIM APPLICATION NO.4453 OF 2026
IN
WRIT PETITION (ST.) NO.17622 OF 2024
Pandurang Ganpat Ghule and Others …Petitioners
Versus
The State of Maharashtra and Others …Respondents
******
Mr. Mayank Tripathi, for the Applicant in IA No. 4449 of 2026.
Mr. Aloka Nadkarni, AGP for Respondent No. 1.
******
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 25th JUNE, 2026
P.C. :
IA No. 4449 of 2026 :-
1. By this application the applicants (original petitioners) are
seeking restoration of the Writ Petition which stood dismissed on
account of non-removal of office objections as per order dated 18 th
September, 2024 passed by the Registrar (Judicial I).
2. At the outset, the learned counsel for the applicants submits
that for the very same prayer Interim Application No. 4453 of 2026 is
Vishal Parekar ….1
2
4-ia-4449-2026.doc
also on record. The same was filed by the advocate earlier
representing the applicants. It is submitted that this Court may
consider Interim Application No. 4449 of 2026 for appropriate orders.
3. We have perused the application and for the reasons stated in
paragraph Nos. 9 to 12 of the application, the same is allowed.
4. The delay is condoned and the order passed by the learned
Registrar, Judicial – I is recalled. The Writ Petition is restored to file
subject to the office objections being removed within three weeks from
today.
5. In view of the above, Interim Application No. 4453 of 2026 is
also disposed of.
6. In the event the office objections are removed within the
stipulated period of time, and the petition is restored, the same shall
be listed in fresh category of matters on 28th July, 2026.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Vishal Parekar ….2
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