Bombay High Court
VITTHAL MAHADU BORHADEversusSTATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay, recalled the registrar’s order and restored the writ petition subject to the petitioner deleting prayer clause (b) and removing the remaining objections within four weeks.
Summary
The applicant, Vitthal Mahadu Borhade, filed an interim application seeking restoration of his writ petition (ST) No. 5509 of 2026 after it was dismissed by the registrar for non‑compliance with office objections, notably the failure to produce a Government Resolution dated 23‑08‑2004. The applicant argued that he would delete prayer clause (b) referring to the resolution and would remove the remaining objections within four weeks. The Court examined whether the delay in complying with the objections could be condoned and the petition reinstated. It held that the delay was condonable and ordered the registrar’s earlier order recalled, directing the petitioner to delete the specified prayer clause and clear the objections within four weeks. Consequently, the writ petition was restored subject to those conditions, and the interim application was disposed of.
Issues considered
- Whether the delay in complying with the registrar's office objections can be condoned and the writ petition restored
- Whether deletion of prayer clause (b) suffices to remove the objection relating to the Government Resolution
Subjects
- interim application
- condonation of delay
- restoration of writ petition
- office objections
- government resolution
- High Court of Bombay
- civil appellate jurisdiction
Judgment
9-IA-7339-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7339 OF 2026
IN
WRIT PETITION (ST) NO. 5509 OF 2026
Vitthal Mahadu Borhade … Applicant
Versus
SWEETY
State of Maharashtra and others … Respondents
RAJU
BHALERAO
******
Digitally signed
by SWEETY
RAJU
BHALERAO
Adv. V. S. Tadake, a/w Adv. M.B. Gawade, for Applicant.
Date: 2026.09.21
18:06:31 +0530
Ms. G.R. Raghuwanshi, AGP for Respondents/State.
******
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 21st SEPTEMBER 2026.
PC:
1. By this application, the applicant (original petitioner) is seeking
restoration of the writ petition as also condonation of delay in moving the
prayer for restoration, in the light of dismissal of the petition due to
conditional order dated 29/04/2026 passed by the Registrar (Judicial-I). It
appears that the applicant could not remove the office objections within the
stipulated period of time, as a result of which the registration of the writ
petition itself was refused.
2. A perusal of the application shows that one of the objections raised
by the Registry pertained to the failure on the part of the applicant to place
Bhalerao 1
9-IA-7339-2026.doc
on record Government Resolution dated 23/08/2004. The learned counsel
for the applicant submits that since the applicant is unable to produce the
said Government Resolution, he has instructions to state that prayer clause
(b) in the writ petition, with reference to the said Government Resolution,
will be deleted by the applicant (petitioner), so that the said objection itself
is addressed. It is submitted that the other objections would be removed
within a period of four weeks.
3. In view of the above and for the reasons stated in the application, the
same is allowed. Delay is condoned. Consequently, the order dated
29/04/2026 passed by the Registrar (Judicial -I) is recalled and the petition
is directed to be restored, subject to the applicant removing the office
objections, except the one pertaining to Government Resolution dated
23/08/2004, within a period of four weeks from today and further subject to
deleting prayer clause (b) from the original writ petition within the said
period of time.
4. Application is disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
Bhalerao 2
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