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Bombay High CourtWP/3440/2025partly allowed

Vishnu Ramchandra Sanap v. The State Of Maharashtra, Thr. Secretary For Forest Dept., Mumbai And ANR.

2026-01-06Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:99-DB 949.WP.3440.2025.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3440 OF 2025 Vishnu Ramchandra Sanap Vs.

State of Maharashtra & Anr.

__________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.M. Vaishnav, Advocate for the Petitioner. Mr. Piyush Pendke, AGP for the Respondents/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 6 th JANUARY, 2026.

Heard.

2.

In the application filed by the petitioner for condonation of delay in filing the restoration application, while justifying the delay, the advocate of the petitioner filed an affidavit stating that he is an outstation lawyer and due to his inadvertent mistake, the matter came to be dismissed for want of prosecution. However, the Maharashtra Administrative Tribunal did not consider the reasons and explanation offered by the petitioner in proper perspective and rejected the application solely on the ground that no complaint had been made by the petitioner against the advocate.

3.

In the circumstances, we are of the opinion that the matter needs to be remanded back to the Tribunal for reconsideration of the petitioner's request for condonation of delay.

4.

Accordingly, the writ petition is partly allowed.

949.WP.3440.2025.odt 2/2 5.

The order dated 28.04.2025 passed by the Maharashtra Administrative Tribunal in C.A. No.258 of 2024 in M.C.A. No.22 of 2024 in O.A. No.763 of 2012 is hereby quashed and set aside, and the matter is remanded back to the learned Tribunal for reconsideration.

6.

The writ petition stands disposed of accordingly. (RAJ. D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/01/2026 19:16:09