Vishnu Vaman Nimse And ORS v. The State Of Maharashtra Department Of Rural Development Thro Its Secretary

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13325 OF 2025 IN WRIT PETITION (ST.) NO.11420 OF 2025 Vishnu Vaman Nimse & Ors.

...Petitioners

Versus

The State of Maharashtra Deptt. Of Rural Development Thru its Secretary

...Respondents

---------- Madhur Pophale, Thru V.C. for the Petitioners. Mr. Ashish S. Gaikwad with Anirudh Rote and Sagar G. Bhoir for the Respondent Nos.4 and 5.

Pooja Joshi Deshpande, for Respondent Nos.1 to 3, 5 and 6. R.S. Pawar for Respondent No.3 - State.

---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATE :

3RD FEBRUARY, 2026.

ORDER :

1.

At the outset, the learned Counsel appearing for the Petitioners / Applicants has sought permission to correct the Writ JITENDRA SHANKAR NIJASURE Petition number in prayer (B) to the Interim Application and JITENDRA SHANKAR NIJASURE Date: 2026.02.05 11:45:31 +0530 replacing the order in Exhibit 'A' with the correct order. 1/4

2.

Permission granted. The learned Counsel for the Petitioner shall correct the prayer Clause (B) by replacing "Writ Petition St. No.11422 of 2025" with "Writ Petition St. No.11420 of 2025" and the Order in Exhibit 'A' with the correct Order forthwith. 3.

By this Interim Application, the Applicants have sought setting aside of the order passed by the Registrar (Judicial-I) in Writ Petition (St.) No.11420 of 2025 and for allowing the Applicants to remove the office objections.

4.

The Applicants have stated that upon filing of the Writ Petition, the objections had been raised and the matter had been listed on 2/3rd April, 2025 for removal of office objections. The matter had again been listed on 22nd April, 2025 on the board of Registrar, (Judicial-I) for removal of office objections and by Order dated 22nd April 2025, the Registrar (Judicial-I) had granted two weeks time for removal of office objections which had not been removed. By Order dated 7th May, 2025 the Registrar (Judicial - I) rejected the Writ Petition for non-compliance of office objections. The office objections could not be removed and accordingly, the Writ Petition had been rejected.

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5.

The Applicants state that they got knowledge of the rejection of the Writ Petition upon taking search of the matter. Accordingly, the present Interim Application has been filed for restoration of the Writ Petition.

6.

Having considered the averments in the Interim Application as well as noting that the Writ Petition came to be rejected for non removal of office objections, the Applicants being lay persons, should not be made to suffer particularly when the default in removal of office objections is at the hands of the Applicants' Advocates. The Applicants have in the Writ Petition which has come to be rejected sought for payment of Old Pension and hence would suffer grave prejudice by non restoration of the Writ Petition. 7.

Accordingly, the following order is passed:

(i) The Interim Application is allowed.

(ii) The Writ Petition (St) No.11420 of 2025 is restored by recalling Order dated 7th May, 2025 passed by the Registrar (Judicial-I).

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(iii) The Petitioners shall remove the pending office objections, within a period of three weeks from today.

(iv) Non removal of office objections, would result in the rejection of the Writ Petition without further reference to this Court.

(v) The Interim Application is accordingly disposed of. There shall be no orders as to costs. [ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ] 4/4