Bombay High Court
MR. JAYOTIRAM RAMCHANDRA DEVKAR PATPEDHI (SHOP NO 4 OLD SHOP NO 3)versusMUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- Disposed Off
Holding
The Court set aside the Registrar’s order dated 3 April 2024 and restored the writ petition to its original status.
Summary
The applicant, Jyotiram Ramchandra Devkar, filed a writ petition against the Municipal Corporation of Greater Mumbai. The Registrar had ordered the petition to be dismissed for failure to remove office objections within two weeks, after a listing that the applicant claimed he was unaware of. The applicant sought restoration of the petition, arguing lack of notice of the listing. The Court held that the applicant’s lack of awareness justified setting aside the Registrar’s dismissal and restored the petition. The Court directed the applicant to remove the objections within four weeks and scheduled the petition for hearing on 22 October 2026. The interim application for restoration was thereafter disposed.
Issues considered
- Whether the Registrar’s order dismissing the writ petition for non‑removal of office objections within the stipulated time can be set aside on the ground that the applicant was unaware of the listing.
Subjects
- restoration of writ petition
- procedural default
- office objections
- civil appellate jurisdiction
- Bombay High Court
Judgment
48 IA 5193 OF 2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION 5193 OF 2026
(For Restoration)
IN
WRIT PETITION NO. 727 OF 2023
Jyotiram Ramchandra Devkar … Applicant
Versus
Municipal Corporation of Greater Mumbai
Through its Municipal Commissioner, Mumbai …. Respondent
Ms. Isha Hajare i/b. Mr. Jenish Jain, Advocate for the
Applicant/Petitioner.
CORAM: ARUN R. PEDNEKER, J.
DATED: 24th SEPTEMBER, 2026.
PC:-
1. Learned counsel for the Applicant/Petitioner submits that
the matter was listed before the Registrar, and directions were
issued to remove the office objections within a period of two
weeks, failing which the Petition was liable to be dismissed.
Learned counsel for the Applicant submits that the Applicant was
not aware of the listing of the matter before the Registrar and,
RAJESHRI
PRAKASH
AHER consequently, could not remove the office objections within the
Digitally signed by
RAJESHRI
PRAKASH AHER
Date: 2026.09.30
15:34:44 +0530
stipulated time.
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Rajeshri Aher
48 IA 5193 OF 2026.DOC
2. As such, in the present Application filed for restoration of the
Writ Petition, the order passed by the Registrar dated 3 rd April,
2024 is set aside, and the Writ Petition is restored to its original
status. The Petitioner shall remove the office objections within four
weeks from today.
3. Interim Application for restoration stands disposed of.
4. List the Writ Petition on 22nd October, 2026.
(ARUN R. PEDNEKER, J.)
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Rajeshri Aher
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