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Bombay High Court

SHRI BALAJI MININGS THROUGH ITS PROPRIETOR PARIKSHIT VRASHKETU JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The court condoned the delay, restored the writ petition, and allowed its withdrawal with liberty to approach an alternative forum.

Summary

The High Court of Bombay, Aurangabad Bench, entertained a civil application (No. 10740 of 2026) filed by Shri Balaji Minings seeking condonation of delay. The court found the reasons for the delay sufficient and allowed the application, thereby restoring the writ petition (No. 585 of 2018) to its original position. Subsequently, the petitioner’s counsel requested leave to withdraw the writ petition and to approach an alternative forum. The court granted the leave, permitting the withdrawal with liberty to approach the appropriate forum. The writ petition was consequently disposed of as withdrawn.

Issues considered

  • Whether the delay in filing the civil application can be condoned.
  • Whether the writ petition should be restored to its original position upon condonation of delay.
  • Whether the petitioner may be allowed to withdraw the writ petition with liberty to approach an alternative forum.

Subjects

  • condonation of delay
  • writ petition withdrawal
  • alternative forum
  • civil application
  • restoration of writ petition
  • procedural law

Judgment

2026:BHC-AUG:42666-DB

                                                                                   18-CA.10740.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                18 CIVIL APPLICATION NO. 10740 OF 2026
                                            IN WP/585/2018
                                                 WITH
                                           (NOT ON BOARD)
                                     WRIT PETITION NO.585 OF 2018

                Shri Balaji Minings Through Its Proprietor Parikshit Vrashketu Jadhav
                                                VERSUS
                                 The State of Maharashtra And Others
                                                   ...
                Ms. Sakshi Katneshwarkar h/f. Ms. Khushi K. Varma, Advocate for the
                Applicant-Petitioner.
                Ms. Vaishali P. D., AGP for the Respondents.
                                                   ...

                                                   CORAM : KISHORE C. SANT &
                                                           JITENDRA JAIN, JJ.
                                                   DATE      : 15th SEPTEMBER, 2026

                PER COURT :

                CIVIL APPLICATION NO. 10740 OF 2026

                1.       Heard learned Advocate for the applicant.

                2.       For the reasons stated in the application, delay stands

                condoned. Application is allowed.

                3.       Writ Petition stands restored to its original position.

                WRIT PETITION NO.585 OF 2018

                4.       At the outset, learned Advocate for the Petitioner seeks leave to

                withdraw the writ petition with liberty to approach the appropriate

                alternative forum.

                Sayyed                                                                                    1/2
                                                            18-CA.10740.2026.doc


5.       Leave is granted with liberty as prayed for.


6.       Petition stands disposed off as withdrawn.



 (JITENDRA JAIN, J.)                             (KISHORE C. SANT, J.)




Sayyed                                                                             2/2


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