Bombay High Court
ADIWASI HAKKA SANRAKSHAN SAMITI THROU. SUHAS VECHYA NAIK AND ORSversusSTATE OF MAHARASHTRA THR ITS CHIEF SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that a conditional order can be set aside where petitioners, as lay persons, are prejudiced by their advocate's failure to comply, and the writ petition should be restored.
Summary
The petitioners, a tribal protection committee, filed a writ petition which was conditionally ordered to have office objections removed within two weeks. Their advocate failed to act, causing the deadline to be missed. The petitioners filed an interim application seeking to set aside the conditional order and to restore the writ petition. The Court noted that the petitioners were lay persons who relied on their counsel and should not be penalised for the advocate's default. Accordingly, the Court set aside the conditional order, restored the writ petition, and directed the petitioners to remove the objections within three weeks, warning of dismissal on further default.
Issues considered
- Whether a conditional order requiring removal of office objections may be set aside when the petitioners, being laypersons, relied on their advocate and missed the deadline due to the advocate's default.
Subjects
- interim relief
- office objections
- lay petitioners
- advocate default
- civil procedure
- writ petition
- high court
- setting aside order
Judgment
906-IA-7629-26.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7629 OF 2026
IN
WRIT PETITION (ST.) NO. 12330 OF 2026
Adiwasi Hakka Sanrakshan Samiti …Applicants /
Maharashtra State & Ors. Petitioners
Versus
State of Maharashtra & Ors. …Respondents
----------
Mr. Sidheshwar N. Biradar a/w Mr. Omhari B. Fawade for the
Petitioners.
Mr. P.G. Sawant, AGP for the Respondent-State.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
DATE : 29 September 2026
ORDER :
1. By this Interim Application, the Applicants/original
Petitioners have sought setting aside of the conditional order dated
SHARAYU
27th July 2026 passed by the Registrar (Judicial I) in the above Writ
PANDURANG
KHOT
Digitally
Petition, and by which the Writ Petition had been rejected on the
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.09.30
19:08:33
+0530
ground of non-removal of office objections within the stipulated
period of two weeks from the passing of the conditional order.
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906-IA-7629-26.doc
2. The Petitioners have also sought for restoration of the
Writ Petition.
3. The Applicants/Petitioners have stated that upon filing of
the above Petition, office objections had been raised by the Registrar
(Judicial I) and impugned conditional order dated 27th July 2026
had been passed for removal of office objections within the stipulated
period of two weeks.
4. The office of the Advocate for the Petitioners had not
kept track of the Petition and the same went unattended and
accordingly, the conditional order could not be complied with within
the stipulated time-frame of two weeks.
5. The Applicants upon contacting their Advocate on 21st
September 2026, which was one day prior to the filing of the present
Interim Application, and enquiring about the listing of the Writ
Petition, the Advocate on checking of online status came to know
about the conditional order dated 27th July 2026. Accordingly, the
present Interim Application has been filed.
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906-IA-7629-26.doc
6. Having considered the averments in the Petition as well
as submissions, we are of the view that the Applicants, being lay
persons, had relied upon their Advocate for removal of office
objections in compliance of the conditional order dated 27th July
2026. The Applicants being laypersons should not be made to suffer
prejudice in view of the default on the part of their Advocates.
7. Accordingly, we allow the present Interim Application by
setting aside the conditional order dated 27th July 2026 passed by
the Registrar (Judicial I). Further the Writ Petition (St.) No. 12330 of
2026 is restored to file.
8. The Petitioners shall remove the office objections within
a period of three weeks from passing of this order. Failure to remove
the office objections shall result in the Writ Petition being rejected
without further reference to this Court.
9. The Interim Application is accordingly disposed of. There
shall be no order as to costs.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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