Ramesh S/O Sakharam Gadekar And Others v. The State Of Maharashtra, Thr. Secretary, Dept. Of Revenue And Forest, Mumbai And Others

2026:BHC-NAG:7157 1 7-CAO-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.430 OF 2026 IN MISC. CIVIL APPLICATION (STAMP) NO.7395 OF 2026 IN WRIT PETITION (ST.) NO.9259 OF 2023 (D) Ramesh S/O Sakharam Gadekar And Others Vs. The State Of Maharashtra, Thr. Secretary, Dept. Of Revenue And Forest, 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. S.D. Tatake, Advocate for the Applicants/Petitioners. Ms. S.S. Dhote, AGP for the Respondent/State. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 07 th MAY, 1.

This is an application for condonation of delay of 911 days in filing an application for restoration of the writ petition, of which registration was refused for failure to remove office objections within the stipulated period of time.

2.

Learned counsel for the applicants submits that the delay of 911 days occurred since the applicants/petitioners had no knowledge about the conditional order dated 04.09.2023 passed by the Registrar (Judicial).

3.

It is submitted that the applicants/petitioners now desire to prosecute the petition on merits and are seeking restoration of the writ petition.

2 7-CAO-.odt 4.

Having regard to the contents of the application and submissions advanced, the delay of 911 days in filing the application for restoration of writ petition does not appear to be intentional and needs to be condoned. Hence, the civil application is allowed. Delay of 911 days in filing restoration application is condoned subject to cost of Rs.5,000/- (Rupees Five Thousand Only), to be paid by the applicants 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. 5.

In view of this, the civil application is disposed of. MCA (STAMP) NO.7395 OF 2026 6.

This is an application for restoration of writ petition, of which registration was refused for failure to remove office objections by an Order dated 04.09.2023. 7.

The applicants/petitioners submit that they want to contest the matter on merits and are ready to remove the office objections.

8.

In view of above, the application is allowed. Petitioners are permitted to remove the office objections within a period of two weeks from today. After office objections are removed, the writ petition be restored. Accordingly, the civil application is disposed of. (PRAFULLA S. KHUBALKAR, J . ) Privel