Bombay High Court
KAMALJIT KAUR BALAversusSTATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay and restored the writ petition, subject to the petitioner removing all office objections within two weeks.
Summary
The applicant, Kamaljit Kaur Bala, filed an interim application seeking relief from the dismissal of her writ petition for failure to remove office objections. The Court noted a two‑day delay in filing the interim application but, after considering the applicant’s explanation, found sufficient cause to condone the delay. The Court also examined the reasons provided for the non‑removal of office objections and deemed them satisfactory in the circumstances. Consequently, the order dismissing the writ petition dated 27 July 2026 was recalled, and the petition was restored to the file, subject to removal of all objections within two weeks. The Court warned that failure to comply would result in the petition’s dismissal without further reference.
Issues considered
- Whether a two‑day delay in filing the interim application can be condoned.
- Whether the applicant's explanation for non‑removal of office objections is satisfactory.
- Whether the writ petition should be restored subject to removal of office objections.
Subjects
- interim application
- condonation of delay
- office objections
- writ petition
- civil procedure
- high court
Judgment
Digitally
signed by
MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.09.28
11:10:04
+0530
916-IA-7525-2026 (C).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7525 OF 2026
IN
WRIT PETITION NO. 9307 OF 2026
Kamaljit Kaur Bala ...Applicant
Versus
State Of Maharashtra Thr. Its Principal Secretary
Revenue And Forest Department And Ors. ...Respondents
...
Adv. Vaishnavi Nagargoje, i/b Adv. Tanay Mandot, for the Applicant.
Adv. Neha S. Bhide, a/w Adv. R.A. Salunkhe, AGP, for the
Respondent Nos. 1 and 2.
Adv. Neha S. Bhide, GP, a/w Adv. V.R. Raje, AGP, for Respondent
Nos. 1 to 3.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 24th SEPTEMBER, 2026.
P.C.:
1. Heard learned counsel for the Applicant/Petitioner.
2. This Interim Application has been preferred by the Applicant
who is aggrieved by the order dated 27 th July 2026 passed by this
Court. By such common order, the captioned Petition stood
dismissed for non-removal of office objections.
3. Ms. Vaishnavi Nagargoje, learned Counsel appearing for the
Applicant/Petitioner, has drawn the attention of the Court to the
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916-IA-7525-2026 (C).doc
averments made in the Interim Application, particularly in
paragraph nos. 2, 3 and 4 thereof, in support of the reasons for
non-removal of office objections within the prescribed period.
4. There is also a delay of 2 days in filing the present Interim
Application. Having considered the explanation tendered, we are
satisfied that sufficient cause has been shown for condonation of
the said delay. The explanation set out in paragraph nos. 2, 3 and 4
of the Interim Application, for non-removal of office objections is
also found to be satisfactory in the given facts and circumstances.
5. In light of the above and in the interest of justice, we
therefore, recall the order dated 27 th July 2026 qua the instant Writ
Petition No.9307 of 2026. Accordingly, the Writ Petition would be
restored to the file of this Court, subject to the removal of all office
objections by the Petitioner within a period of two weeks from the
date of uploading of this order. List the Petition for ‘Due Admission’
thereafter.
6. It is made clear that in the event the office objections are not
removed within the period afore-mentioned, the Writ Petition shall
stand dismissed, without any further reference to the Court.
7. The Interim Application is Disposed Of in the above terms.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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