Bombay High Court

DEVIDAS RAMCHANDRA CHAVHAN AND ORSversusTHE STATE OF MAHARASHTRA THR. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AND ORS

Decided: 29 August 2026
Disposal: Disposed Off

Holding

The dismissal is recalled and the writ petition is restored, subject to the condition that all office objections be removed within four weeks.

Summary

The petitioners filed a writ petition which was dismissed by the trial court for failure to remove office objections. The petitioners subsequently filed an interim application seeking restoration of the dismissed petition so that they could pursue the merits. The High Court examined whether the dismissal could be recalled despite the pending objections. The Court held that, in the interest of justice and to give the petitioners an opportunity to present their case, the dismissal could be set aside. Accordingly, the Court recalled the dismissal and restored the petition, imposing a condition that all office objections must be removed within four weeks. The order provides the petitioners a limited time to comply, after which the petition will proceed on its merits.

Issues considered

Whether a dismissal of a writ petition for non‑removal of office objections can be recalled by an interim application
Whether the Court can impose a condition of removal of objections within a specified time while restoring the petition

Subjects

interim application
restoration of petition
office objections
writ petition
civil appellate jurisdiction
temporary relief

Judgment

                          Renuka                                                 904-IA-607-2026.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                          INTERIM APPLICATION NO. 607 OF 2026
                                                                IN
                                          WRIT PETITION (ST) NO. 12127 OF 2025
                          Devidas Ramchandra Chavhan and Ors                 ...Applicant/Petitioners
                                            V/s.

                          The State Of Maharashtra Through               ...Respondents
                          Maharashtra State Road Transport
                          Corporation and Ors
                                                        ________________
                          Mr. Siddharth Ghodke i/b Narayan Rokade for Applicant.
                          Mr. M. S. Bane, for AGP for Respondent-State.
                                                        ________________
                                                                CORAM: SANDEEP V. MARNE, J.
                                                                   DATED: 29 AUGUST 2026.


                          P.C.:


                          1)           The Interim Application is filed for restoration of the
                          Petition which is dismissed for non-removal of office objections. For the
                          reasons indicated in the Application and with a view to offer an
                          opportunity to the Petitioners to prosecute the Petition on merits, the
                          order dismissing the Petition is recalled.


                          2)           Writ Petition is restored subject to the condition that all
                          office objections are removed within a period of four weeks.


                                                                              [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                            Page No.1 of 1
Designation: PA To Honourable Judge                        29 August 2026
Date: 31/08/2026 10:31:24

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