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
Mohite 1/3
16 ia6177-26.doc
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
Mohite 2/3
16 ia6177-26.doc
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.]
Mohite 3/3
Checking your session…