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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.

                                                        1/3
                                                          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.




                                  2/3
                                                           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.]

                                  3/3


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