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Bombay High Court

SHANKAR RAMCHANDRA GHODAKEversusTHE EDUCATION OFFICER (SECONDARY) ZILHA PARISHAD, PUNE AND ORS

Decided
Disposal
Allowed

Holding

The Court held that sufficient cause justified condoning the delay and ordered the restoration of the dismissed writ petition.

Summary

The petitioner, Shankar Ramchandra Ghodake, filed an interim application seeking restoration of his writ petition (No. 17082 of 2024) which had been dismissed on 28 November 2024 for failure to remove an office objection. The application also requested condonation of a 193‑day delay in filing the restoration plea. The Court examined the pleadings and heard counsel for both sides. It found that sufficient cause existed to excuse the delay and to permit the restoration of the writ petition. Consequently, the Court ordered the petition to be restored to its file, subject to a cost of Rs.5,000 to be paid to the Government Pleader. The interim application was thereafter disposed of.

Issues considered

  • Whether a delay of 193 days in filing an application for restoration of a dismissed writ petition can be condoned.
  • Whether the writ petition dismissed for non‑removal of an office objection should be restored.

Subjects

  • restoration of writ petition
  • condonation of delay
  • interim application
  • civil procedure
  • office objection

Judgment

                                                                                           8-IA-704-2026.DOC



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                         INTERIM APPLICATION NO. 704 OF 2026
                                                           IN
                                           WRIT PETITION NO. 17082 OF 2024
                       Shankar Ramchandra Ghodake                         ...Applicant/Petitioner
                              Versus
                       The Education Officer (Secondary)
                       Zilha Parishad, Pune & Ors.                        ...Respondents
                                                         _______
                       Mr. Rajaram Deshmukh (through V.C.) for Applicant.
                       Mrs. Nisha M. Mehra, AGP for Respondents.
                                                           _______
                                                     CORAM:   G. S. KULKARNI &
                                                              DR. NEELA GOKHALE, JJ.
                                                     DATE:    21st SEPTEMBER 2026
                       P.C.
                       1.         This Interim Application is filed for restoration of Writ Petition No.

                       17082 of 2024, which was dismissed for non-removal of office objection by

                       an order dated 28 November 2024. There is also a prayer for condonation of

                       delay of 193 days in taking out this application for restoration.

                       2.         Having perused the averments made in the application and having

                       heard learned Counsel for the applicant/petitioner, in our opinion, sufficient

                       cause has been made out for condonation of delay and for restoration of the

                       writ petition. It is in the interest of justice that the application be allowed.

                       3.         The petition is accordingly restored to the file of this Court, subject to

                       payment of costs of Rs.5,000/- to be deposited with the Office of

                       Government Pleader.

                       4.         The Interim Application is accordingly disposed of.


                       (DR. NEELA GOKHALE, J)                                   (G. S. KULKARNI, J.)


          Digitally
          signed by
                                                            Page 1 of 1
          AJIT
AJIT
RAMESH
          RAMESH
          PATHRIKAR    Ajit Pathrikar
PATHRIKAR Date:
          2026.09.22
          11:06:40
          +0530


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