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Bombay High Court

POOJA YELLAPA KOLIversusTHE STATE OF MAHARASHTRA THR SECRETARY TRIBAL DEVELOPMENT DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The court set aside the conditional order and restored the writ petition, directing compliance with objections within three weeks.

Summary

Petitioner Pooja Yellapa Koli filed a writ petition (ST) No. 14290 of 2026. The Registrar rejected the petition on 6 August 2026 for failure to remove office objections within two weeks, and the petition was formally dismissed on 20 August 2026. The petitioner filed an interim application alleging an inadvertent mistake and that her advocate was absent when the deadline expired. The Bombay High Court, noting the default by the advocate, allowed the interim application, set aside the conditional order of 6 August 2026, and restored the writ petition to the file. The court directed that the objections be complied with within three weeks, failing which the petition will be dismissed, and disposed of the interim application without costs.

Issues considered

  • Whether a conditional order rejecting a writ petition for non‑removal of office objections can be set aside on the ground of inadvertent mistake and advocate’s default.

Subjects

  • interim application
  • writ petition
  • restoration
  • office objections
  • procedural default
  • Bombay High Court
  • civil appellate jurisdiction

Judgment

                                                                                 sr.2-ia-6769-2026.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION


                                         INTERIM APPLICATION NO. 6769 OF 2026
                                                              IN
                                          WRIT PETITION (ST) NO. 14290 OF 2026

                      Pooja Yellapa Koli                              .. Applicant/Petitioner

MANSI                         Versus
DHANANJAY
SHELKE
                      The State of Maharashtra & Ors.                 .. Respondents
Digitally signed by
MANSI DHANANJAY
SHELKE
Date: 2026.09.01
10:43:38 +0530             Adv. Sahil Choudhari for the Petitioner.

                           Ms. D. S. Deshmukh, AGP for Respondents.

                                                  CORAM:      R.I CHAGLA &
                                                              FIRDOSH P. POONIWALLA, JJ.
                                                  DATE:       AUGUST 31, 2026

                      P. C.

                      1.             By this Interim Application, the Applicant/original Petitioner

                      has sought for restoration of the above Writ Petition by setting aside the

                      Order dated 6th August, 2026 passed by the Registrar (Judicial I) of this

                      Court, by which the Writ Petition had been rejected for non-removal of office

                      objections within the stipulated period of two weeks.




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2.             The Applicant has stated that due to inadvertence and bonafide

mistake, the objection raised by the Registrar could not be noticed and

removed within the stipulated time. Further, due to inadvertence, the

Applicant’s Advocate had not remained present on the date viz, 6 th August,

2026, when the order came to be passed by Registrar (Judicial I), stipulating

the time of two weeks for removal of office objections. Thereafter, the

Petition stood rejected, by virtue of the conditional order, on 20th August,

2026.



3.             Considering the averments in the Interim Application as well as

the fact that there was default on the part of the Advocate for the Applicant to

remove the office objections, we allow the present Interim Application.



4.             The following order is passed :

               a)          The conditional order dated 6th August, 2026, in so

               far as the above Writ Petition is concerned, is set aside.

               b)          The Writ Petition (st) No. 12490 of 2026 is restored

               to file.

               c)          The objections raised regarding the Petition shall be

               complied with within a period of three weeks from today, failing



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               which the Writ Petition shall stand dismissed without further

               reference to this Court.

               d)          The Interim Application is accordingly disposed of.

               There shall be no order as to costs.



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




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