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Bombay High Court

ATUL GOVIND PATILversusPOONAM ATUL PATIL AND ANR

Decided
Disposal
Allowed

Holding

The Court quashed the Registrar’s dismissal order and restored the writ petition, subject to the applicant removing the office objections within four weeks.

Summary

Atul Govind Patil filed a writ petition which was dismissed by the Registrar (Judicial‑I) on 23 September 2025 for failure to remove office objections, without any notice to the respondent. The applicant filed an interim application seeking restoration of the petition, arguing that the dismissal at the pre‑admission stage was improper. The Court examined whether the Registrar had the authority to dismiss without notice and whether procedural fairness was observed. Finding the dismissal irregular, the Court quashed the Registrar’s order and restored the writ petition, imposing a condition that the applicant remove the office objections within four weeks. The petition is to be listed for admission on 27 February 2026 if the condition is complied with.

Issues considered

  • Whether a Registrar can dismiss a writ petition at the pre‑admission stage without issuing notice to the respondent
  • Whether the dismissal for non‑removal of office objections violates principles of natural justice
  • Whether the writ petition can be restored subject to compliance with office objections

Subjects

  • writ petition
  • office objections
  • pre‑admission dismissal
  • procedural fairness
  • interim relief
  • natural justice

Judgment

                                                     939-IA-566-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
               INTERIM APPLICATION NO.566 OF 2026
                                   IN
               WRIT PETITION (ST) NO.25702 OF 2025


Atul Govind Patil                                     …Applicant
      Versus
Poonam Atul Patil & Anr.                              …Respondents


Mr. Shubhankar Avhad, for the Applicant.


                        CORAM:      MADHAV J. JAMDAR, J.
                        DATED :     23rd JANUARY 2026
P. C.:


1.       Heard Mr. Shubhankar Avhad, learned Counsel appearing for

the Applicant.



2.       The relief sought in the Interim Application is to restore the

Writ Petition. In effect, the relief sought is setting aside the order

dated 23rd September 2025 passed by the learned Registrar

(Judicial-I). By the said order, the Writ Petition is dismissed for

non-removal of the office objections.




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                                                                939-IA-566-2026.DOC




             3.       Mr. Shubhankar Avhad, learned Counsel submits that the

             Writ Petition is dismissed at the stage of pre-admission stage and

             no notice has been issued to the Respondent.



             4.       Accordingly, for the reasons set out in the Interim

             Application, the same is allowed.



             5.       Resultantly, the order dated 23rd September 2025 passed by

             the learned Registrar (Judicial-I) is quashed and set aside and the

             Writ Petition is restored to the file of this Court, on the condition

             that the Petitioner shall remove the office objections within a

             period of four weeks from today.



             6.       If the office objections are removed within the aforesaid

             period, the Writ Petition be listed for admission on 27th February

             2026.




                                                       [MADHAV J. JAMDAR, J.]
       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.01.23
       19:10:49
       +0530




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