Ishwrappa Kantappa Malang v. The State Of Maharashtra And Others

965ca7284-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 CIVIL APPLICATION NO. 7284 OF 2025 IN WP/9492/2023 Ishwrappa Kantappa Malang

VERSUS

The State Of Maharashtra And Others ...

Mr. Patil Shashikiran N, Advocate for Applicant Mr. V. M. Kagne, AGP for Respondents State .....

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 18th July, 2025 P. C. :

1.

This is an application seeking restoration of the writ petition which stood dismissed on account of conditional order dated 15.12.2023 passed by this Court. On the said date, there was no appearance on behalf of the petitioner. This Court has directed that all office objections would be removed within four weeks, failing which, the petition would stand dismissed without reference to the Court. 2.

We have perused the application filed on behalf of the applicant. We find that although details of the steps taken by the Advocate for the applicant after the order dated 15.12.2023 was passed are not given in the application, we are of the opinion that for the fault of the Advocate, the litigant ought not to suffer. 3.

Viewed from this angle, we are of the opinion that even if the application is to be allowed by condoning the delay and restoring the writ petition, costs need to be imposed.

965ca7284-25 4.

In view of the above, the application is allowed. Delay is condoned and the writ petition is restored subject to costs of Rs.2000/- being deposited with the Creche/Day Care Centre, Advocates' Association of Bombay High Court, Bench at Aurangabad within two weeks from today.

5.

Restoration of the writ petition shall also be subject to removal of all office objections within four weeks from today. ( Y. G. KHOBRAGADE, J. ) ( MANISH PITALE, J. ) JPChavan