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Bombay High Court

PRAKASH CHHOTALAL THAKKAR AND ORSversusTHE SUB DIVISIONAL OFFICER (S.D.O)

Decided
Disposal
Disposed Off

Holding

The Court restored the writ petition and extended the time to remove office objections by two weeks.

Summary

The petitioners filed Writ Petition (ST) No.14571/2026 which was dismissed by the Registrar for failure to remove office objections within the time prescribed in the order dated 6 August 2026. The petitioners subsequently filed an interim application seeking restoration of the dismissed writ petition, contending that the application was filed within the limitation period. The Court examined whether the filing complied with the procedural time limits and found that it did. Consequently, the Court allowed the interim application, restoring the writ petition. It also extended the deadline for the petitioners to remove the office objections by two weeks from the date of uploading the order on the High Court website.

Issues considered

  • Whether the writ petition dismissed for non‑removal of office objections can be restored when the restoration application is filed within the limitation period?

Subjects

  • restoration of writ
  • office objections
  • procedural limitation
  • interim application
  • civil appellate jurisdiction

Judgment

                                  Sbw                                                    28-asia-7363-2026.doc

                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                      CIVIL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO.7363 OF 2026
                                                                  IN
                                                  WRIT PETITION (ST)NO.14571 OF 2026

                             Prakash Chhotalal Thakkar & Ors.                       … Petitioners

                                      V/s.

                             The Tehsildar & Ors.                                   … Respondents



                             Mr. Ankit Trivedi i/by Yende Legal Associates for the Petitioners.
                             Ms. Nisha Mehra, AGP, for the Respondent-State.


                                                                CORAM :      A. S. GADKARI AND
                                                                             KAMAL KHATA, JJ.
                                                                   DATE :    22nd September, 2026.

                             P.C.:-

                             1)              This is an Application for restoration of Writ Petition (ST) No.

                             14571 of 2026, which was dismissed for non removal of office objections

                             within stipulated period, in pursuance of Order dated 6 th August, 2026

                             passed by the Registrar (Judicial-I).

                                             Present Application is filed within the period of limitation.

                             2)              In view thereof and for the reasons stated in the Application,

                             Application is allowed in terms of prayer clause (a).

                             3)              The period to remove office objections in pursuance of Order

                             dated 6th August, 2026 is extended for a period of two weeks from the date

          Digitally signed
          by SANDHYA
SANDHYA BHAGU
                                                                                                                 1/2
BHAGU   WADHWA
WADHWA Date:
        2026.09.28
          14:07:32 +0530
   Sbw                                                28-asia-7363-2026.doc

of uploading of the present Order on the official website of the High Court

of Bombay.



         (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)




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