Bombay High Court
SHANKAR DAMU NIPHADE AND ORSversusTHE GOVE. OF INDIA THR. DEPUTY SEC. MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the interim applications, condoned the delay, recalled the Registrar’s order and restored the writ petitions subject to removal of office objections within two weeks.
Summary
The applicants filed interim applications seeking restoration of two writ petitions (WP (Stamp) 15780/2022 and 15781/2022) that had been dismissed for failure to remove office objections. They pleaded condonation of delay in moving the restoration prayer and requested recall of the Registrar’s order. The Court examined the reasons set out in the applications and, noting that the writ petitions were part of a larger group already considered, decided to grant relief. It condoned the delay, recalled the Registrar’s order, and restored the writ petitions subject to the removal of office objections within two weeks. The restored petitions were ordered to be listed as fresh matters on 22 September 2026.
Issues considered
- Whether delay in filing an application for restoration of a writ petition can be condoned
- Whether the High Court can recall the Registrar’s order and restore writ petitions disposed for non‑removal of office objections
Subjects
- condonation of delay
- restoration of writ petition
- office objections
- interim application
- civil appellate jurisdiction
- High Court
- Writ Petition (Stamp)
Judgment
6 & 7_IA_6555 & 6557_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6555 OF 2026
IN
WRIT PETITION (STAMP) NO. 15781 OF 2022
Shankar Damu Niphade & ors. … Applicants/
vs. Petitioners
Govt. of India, Thr. Deputy Secretary, Ministry of
Shipping Road, Transport and Highway & ors. … Respondents
AND
INTERIM APPLICATION NO. 6557 OF 2026
IN
WRIT PETITION (STAMP) NO. 15780 OF 2022
Mr. Rameshwar Gite a/w. Ms. Siddhi Dawne and Ms. Tejaswini P. for
applicants/petitioners in both petitions.
Ms. D. S. Deshmukh, AGP for respondent – State in WP(St)/15781/2022.
Mr. Hamid Mulla, AGP for respondent – State in WP(St)/15780/2022.
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ
DATE : 27th AUGUST, 2026
P.C. :
. The applicants (original petitioners) have filed these
applications for restoration of writ petitions, which were disposed of
on account of failure to remove office objections. The applicants seek
condonation of delay in moving the prayer for restoration and also
seek recall of order of the Registrar (Judicial-I).
Digitally
signed by
PRIYA PRIYA
Date:
KAMBLI
KAMBLI 2026.08.27
15:57:56
+0530
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6 & 7_IA_6555 & 6557_26.doc
2. The reasons seeking condonation of delay and restoration, are
stated in paragraph Nos.3 and 4 of the applications. For the said
reasons, we are inclined to grant relief in these applications.
3. Besides, we are informed that these writ petitions were filed
along with a group of other writ petitions, which were considered
and disposed of by this Court by issuing certain directions.
4. In view of the above, for the reasons stated in the applications,
the same are allowed. Delay is condoned. Orders of the Registrar are
recalled and the writ petitions are restored, subject to the office
objections being removed within two weeks from today.
5. Upon the office objections being removed and the writ
petitions being restored, they shall be listed in the category of fresh
matters on 22.09.2026.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Priya Kambli
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