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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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