Bombay High Court
ANIL SONYABAPU AWARI AND ANRversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY, SCHOOL EDU. DEPT. AND ANR
- Decided
- Disposal
- Allowed
Holding
The court restored the dismissed petition conditionally upon payment of costs, despite the delay and the unresolved office objections.
Summary
The petitioners sought restoration of a writ petition that had been dismissed on 21 October 2024 because office objections were not removed by the deadline. They filed an interim application for restoration on 13 July 2026, after a delay of 465 days. The court examined the delay and the fact that the objections remained unremoved, but in the interest of justice decided to restore the petition conditionally. The restoration was ordered subject to the petitioners depositing costs of Rs.7,500 with the Office of the Government Pleader, a condition precedent. The court directed compliance with the earlier order within one week and listed the writ petition for hearing on 30 September 2026. The interim application was allowed.
Issues considered
- What is the appropriate judicial response to a petition dismissed for failure to remove office objections when the petitioner files a restoration application after a substantial delay?
Subjects
- restoration of petition
- interim application
- office objections
- delay condonation
- costs order
- high court
Judgment
6.IA7286_2026.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7286 OF 2026
IN
WRIT PETITION NO. 14434 OF 2024
Anil Sonyabapu Awari & Anr. … Applicants/Petitioners
Vs.
The State of Maharashtra, through the Secretary,
School Education Department & Anr. … Respondents
__________
Mr. R.B. Khaire i/b. A.N. Bandiwadekar for the applicants/petitioners.
Ms. P.N. Diwan, AGP for the State.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 16 SEPTEMBER, 2026.
P.C.
1. By this Interim Application, the applicants/petitioners have prayed for
restoration of the petition, which came to be dismissed pursuant to the order
dated 21 October, 2024. The present Interim Application for restoration has
been filed on 13 July, 2026. There is a gross delay of 465 days in filing the
Interim Application.
2. We have heard learned counsel for the parties on the Interim Application
and have also perused the averments made therein. On 21 October, 2024, a co-
ordinate Bench of this Court, while issuing notice to the respondents, passed an
order directing that the office objections be removed on or before 25 November,
2024, failing which the petition would stand dismissed without further reference
to the Court. The office objections are stated to have not been removed and,
hence, the petition was dismissed.
Page 1 of 2
16 September, 2026
6.IA7286_2026.DOC
3. Although there is a contention as urged on behalf of the
petitioner/applicant that the office objections were removed, however, it appears
that the objections remained.
4. In the aforesaid peculiar circumstances and considering the averments
made in the Application, we deem it appropriate, in the interest of justice, to
restore this petition to the file of this Court and also to condone the delay.
However, this shall be subject to payment of costs of Rs.7,500/- to be deposited
with the Office of Government Pleader, High Court, Appellate Side. The
payment of costs shall be a condition precedent.
5. With the aforesaid conditional order, the earlier order be complied within a
period of one week from today, subject to which the petition shall stand restored.
Intimation of the deposit of costs be submitted to the Registry.
6. The Interim Application is accordingly allowed.
7. List the Writ Petition on 30 September, 2026.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin Page 2 of 2
Designation: PS To Honourable Judge 16 September, 2026
Date: 17/09/2026 11:44:17
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