Bombay High Court
DHANWANT SINGH 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, Dhanwant Singh Bala, filed an interim application seeking condonation of a two‑day delay in filing and restoration of his writ petition, which had been dismissed on 27 July 2026 for failure to remove office objections. The applicant’s counsel, Vaishnavi Nagargoje, relied on explanations set out in paragraphs 2‑4 of the interim application to justify the delay and the non‑removal of objections. The Court examined whether the delay was sufficient cause and whether the explanations were satisfactory in the circumstances. Finding that the applicant had shown sufficient cause and that the reasons for the non‑removal of objections were acceptable, the Court exercised its discretion in the interest of justice. Consequently, the order of dismissal was recalled, the writ petition was restored to the file, and the applicant was directed to remove all office objections within two weeks, failing which the petition would stand dismissed.
Issues considered
- Whether a two‑day delay in filing an interim application can be condoned under the principles of natural justice.
- Whether the Court may restore a dismissed writ petition subject to the removal of office objections within a stipulated time.
Subjects
- interim application
- condonation of delay
- office objections
- writ petition
- restoration of petition
- civil appellate jurisdiction
- interest of justice
Judgment
Digitally
signed by
MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.09.28
11:10:04
+0530
917-IA-7527-2026 (C).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7527 OF 2026
IN
WRIT PETITION NO. 9327 OF 2026
Dhanwant Singh 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 the said 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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917-IA-7527-2026 (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.9327 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 Writ 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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