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Bombay High Court

SAHIL VISHNU KHAIRNARversusTHE SCHEDULED TRIBES CASTE CERTIFICATE SCRUTINY COMMITTEE THRU. MEMBER AND ORS

Decided
Disposal
Disposed Off

Holding

The Court restored the writ petition and set aside the registrar’s order, directing removal of office objections within two weeks.

Summary

The petitioner, Sahil Vishnu Khairnar, filed Writ Petition (L) No.1073 of 2026 seeking relief against the Scheduled Tribes Caste Certificate Scrutiny Committee. The petition was rejected by a conditional order of the Registrar on 24 March 2026 for failure to remove office objections within a two‑week period. The petitioner filed an interim application claiming that neither he nor his advocate received the email notice of the listing, and that the oversight of the advocate’s clerk caused the missed deadline. The Court considered whether procedural non‑compliance attributable to the advocate’s mistake could be condoned in favor of a lay petitioner. It held that the petitioner should not suffer due to the advocate’s error and allowed the restoration of the writ petition. Accordingly, the Court set aside the registrar’s order, restored the petition, and directed the petitioner to remove the objections within two weeks, disposing of the interim application.

Issues considered

  • Whether the failure to remove office objections within the stipulated period can be condoned due to the advocate's mistake.
  • Whether the writ petition should be restored despite the procedural lapse.

Subjects

  • interim relief
  • office objections
  • procedural default
  • writ petition
  • restoration of petition
  • advocate negligence
  • high court

Judgment

                                                                                16 ia6177-26.doc



         Digitally
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
         TRUSHA
TRUSHA
TUSHAR
         TUSHAR
         MOHITE
                                             CIVIL APPELLATE JURISDICTION
MOHITE   Date:
         2026.09.03
         16:37:31
         +0530
                                         INTERIM APPLICATION NO.6177 OF 2026
                                                          IN
                                           WRIT PETITION (L) NO.1073 OF 2026



                      Sahil Vishnu Khairnar                                .. Petitioner

                               Versus

                      The Scheduled Tribes Caste Certificate
                      Scrutiny Committee & Ors.                            .. Respondents


                           Mr.Piyush Pande, Advocate for the Petitioner.

                           Mr.S.H,Kankal, A.G.P. for the Respondent / State



                                     CORAM:      R. I. CHAGLA &
                                                 FIRDOSH P. POONIWALLA, JJ.
                                     DATE:       SEPTEMBER 2, 2026

                      P. C.

                      1.             By this Interim Application, the Applicant / Petitioner is seeking

                      restoration of Writ Petition (L) No.1073 of 2026 which came to be rejected by

                      conditional Order dated 24th March 2026 passed by Registrar (Judicial-I).



                      2.             The Applicant has stated that the office objections had been

                      raised on the filing of the Petition. However, the listing of the matter before


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the Registrar (Judicial-I) and the order passed for removal of the office

objections within two weeks had not been to the knowledge of the Advocate

for the Petitioner.



3.            The matter had come up before the Registrar (Judicial-I) on 24 th

March 2026 and two weeks’ time had again been granted for removing of

office objections, failing which      the Petition would         stand rejected

automatically.



4.           It is stated that the email notification of listing of the matter

before the Registrar (Judicial-I) was not received by the Advocate for the

Petitioner and hence he was not made aware of the same. The Applicant has

further stated that, due to oversight of the office clerk of the Advocate, the

office objections could not be removed within two weeks, in compliance of

the Order dated 24th March 2026, resulting in rejection of the Petition. The

Applicant has stated that, due to inadvertence on the part of the Advocate for

the Applicant, office objections could not be removed.



5.           Considering the averments in the Interim Application, we

consider it appropriate to allow the reliefs sought for therein. The Applicant




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being a layperson, should not be made to suffer on account of mistakes on the

part of the Advocate.



6.             In view thereof, the following Order is passed:



a.       Writ Petition (L) No.1073 of 2026 is restored to file by setting aside the

Order dated 24th March 2026 passed by Registrar (Judicial-I) by which the

Writ Petition came to be rejected for non-removal of office objections.



b.       The Petitioner shall remove the office objections raised by the Registry

within a period of two weeks from the date of passing of this Order.



c.       Failure to do so shall result in the Writ Petition being rejected without

reference to the Court.



d.       Interim Application is accordingly disposed of. No order as to costs.



[FIRDOSH P. POONIWALLA, J.]                     [R. I. CHAGLA, J.]




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