Ammar Akbar Maknojiya v. State Of Maharashtra Throu. Govt Pleader And ORS

Jayashri Lande 7-IA(ST)-22555-WP(ST)-4833-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by JYOTI PRAKASH PAWAR Date:

2025.10.15 19:59:28 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10968 OF 2025 IN WRIT PETITION (ST) NO. 4833 OF 2025 Ammar Akbar Maknojiya ...Applicant V/s.

1. State of Maharashtra To Be Served Through Government Pleader Of High Court Bombay and Ors.

...Respondents

____________________________________ Ms. Divya Tranpise H/F Satish R. Mishra Mr. P. P. Kakde, AGP a/w Mr. P. G. Sawant, AGP for State / Respondents ____________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 13TH OCTOBER 2025 ORDER :

1.

By this Interim Application, the Applicant has sought for quashing and setting aside of Order dated 09th April, 2025 passed by the Registrar Judicial-I, by which the Writ Petition had been rejected on the ground of non-removal of office objections under Rule 3 sub-rule (II) of Chapter-17 of the Bombay High Court (Appellate Side) Rules,1960 ("Rules") 2.

The Applicant has stated that due to default on the part of Advocate's Clerk, the office objections could not be complied with. It is 1/2

Jayashri Lande 7-IA(ST)-22555-WP(ST)-4833-2025.doc further submitted that the Applicant should not be made to suffer on account of default on the part of Advocate's Clerk.

3.

The Learned AGP appearing for the Respondent No.1 has formally opposed the Interim Application.

4.

We are of the view that the Applicant being a lay person should not be made to suffer on account of the default of the Advocate's Clerk. The conditional order passed by the Registrar Judicial-I by which the Writ Petition has been rejected for non removal of office objections is required to be set aside.

5.

Hence, the following order is passed :

O R D E R

1.

The conditional Order dated 09th April 2025 passed by the Registrar Judicial-I is quashed and set aside. 2.

The Writ Petition shall be restored to file of this Court. 3.

Interim Application is accordingly disposed off. 4.

The Office Objections shall be removed within a period of three weeks from today.

5.

No further time shall be granted, and failure to do so, will result in the Writ Petition being rejected without reference to the Court.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 2/2