Bombay High Court
RAJYSHREE MADHUKAR BHOSALEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, SCHOOL EDU. AND SPORTS DEPT. AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court allowed the interim application, condoned the delay, and restored the writ petition.
Summary
The petitioner, Rajyshree Madhukar Bhosale, filed an interim application seeking restoration of Writ Petition No. 566 of 2024, which had been dismissed for non‑removal of an office objection. The application also requested condonation of a 311‑day delay in filing. The Court, after hearing counsel, found sufficient cause for condoning the delay and ordered the writ petition restored, subject to a cost payment. A second interim application filed inadvertently for the same relief was withdrawn by the petitioner and the Court granted leave to withdraw it. Both interim applications were consequently disposed of, one by granting restoration and the other as withdrawn.
Issues considered
- Whether the Court should condone a 311‑day delay in filing an interim application for restoration of a dismissed writ petition
- Whether the writ petition dismissed for non‑removal of office objection should be restored
Subjects
- restoration of writ petition
- condonation of delay
- interim application
- civil appellate jurisdiction
- office objection
Judgment
AJIT
RAMESH
PATHRIKAR
Digitally signed by 10-IA-7406-2026.DOC
AJIT RAMESH
PATHRIKAR
Date: 2026.09.29
14:44:19 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7406 OF 2026
IN
WRIT PETITION NO. 566 OF 2024
Rajyshree Madhukar Bhosale ...Applicant/Petitioner
Versus
The State Of Maharashtra Through Its
Secretary, School Edu. And Sports Dept. & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 7409 OF 2026
IN
WRIT PETITION NO. 566 OF 2024
Rajyshree Madhukar Bhosale ...Applicant/Petitioner
Versus
The State Of Maharashtra Through Its
Secretary, School Edu. And Sports Dept. & Ors. ...Respondents
_______
Mr. Rajaram Deshmukh a/w Ankita Salvi (through V.C.) for Applicant/Petitioner.
Mr. Shubham Joshi for Respondent Nos. 4 & 5.
Mr. Amol Ghuge i/b Shirish Pitre for Respondent No.6.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 21st SEPTEMBER 2026
P.C.
INTERIM APPLICATION NO. 7406 OF 2026:
1. This Interim Application is filed for restoration of Writ Petition No.
566 of 2024, which was dismissed for non-removal of office objection by an
order dated 5th February 2025. There is also a prayer for condonation of
delay of 311 days in taking out this application for restoration.
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Ajit Pathrikar
10-IA-7406-2026.DOC
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.7,500/- to be deposited with the Office of the High
Court Legal Services Authority, Mumbai.
4. The Interim Application is accordingly disposed of.
INTERIM APPLICATION NO. 7409 OF 2026:
5. Mr. Rajaram Deshmukh submits that the present Interim Application is
inadvertently filed seeking the same relief. He thus seeks leave to withdraw the
present Interim Application.
6. Since the Interim Application was inadvertently filed in duplicate, leave to
withdraw is granted.
7. The Interim Application is accordingly disposed of as withdrawn.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
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Ajit Pathrikar
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