Sheikh Javed Sheikh Mustaq @ Javed Pahelwan v. State Of Maharashtra, Thr. Secretary, Revenue Department, Mumbai And Others
2026:BHC-NAG:4268 1 10-CAO-199-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.199 OF 2026 IN MISC. CIVIL APPLICATION (ST.) NO.3650 OF 2026 IN WRIT PETITION (ST.) NO.12650 OF 2025 (D) Sheikh Javed Sheikh Mustaq @ Javed Pahelwan Vs.
State Of Maharashtra, Thr. Secretary, Revenue Department, Mumbai And Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.P. Sarise, Advocate for the Petitioner/s. Mr. A.S. Fulzele, AGP for the Respondent/State. CORAM: PRAFULLA S. KHUBALKAR, J .
DATED : 13 th MARCH, 1.
By this application, the applicant seeks condonation of delay of 44 days in filing an application for restoration of the writ petition, of which registration was refused for failure to remove office objections. Since, the petition itself was not registered, this application is taken-up for consideration, even without issuing any notice to the respondents. 2.
Learned counsel for the applicant submits that the delay of 44 days occurred because they were not aware about the listing of the matter before the Registrar. He submits that the delay is unintentional and may be condoned. It is submitted that the applicant now desires to contest the petition on merits and is therefore, seeking restoration of the writ petition. 3.
Having regard to the contents of the application and submissions advanced, the civil application is allowed. Delay of
2 10-CAO-199-2026.odt 44 days in filing the application for restoration of writ petition is condoned subject to cost of Rs.3,500/- (Rupees Three Thousand Five Hundred Only) to be deposited by the appellant within a period of two weeks' from today, in the 'Public Welfare Account', which is directed to be opened by an Order dated 12.01.2026, passed by the Hon'ble Division Bench of this Court in Suo Moto Public Interest Litigation (SMPIL) No.01/2021. The details of which can be obtained from the Registrar (Judicial), Nagpur Bench, Nagpur.
4.
In view of above, civil application is disposed of. M.C.A.(ST.) NO.3650 OF 2026 IN WRIT PETITION (ST.) NO.12650 OF 2025 (D) 5.
By this application, the applicant/petitioner seeks restoration of writ petition, of which registration was refused for failure to remove office objections by an Order dated 08.12.2025.
6.
Learned counsel for the applicant/petitioner submits that the petitioner wants to contest the petition on merits and therefore, he is seeking restoration of the writ petition. 7.
Having regard to the contents of the application and submissions advanced, the civil application is allowed. Petitioner is directed to remove the office objections within a period of two weeks from today. After the office objections are removed, the writ petition be registered. Accordingly, the civil application is disposed of.
(PRAFULLA S. KHUBALKAR, J . ) Privel