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2026 DAILYLAW 12492 (BOM)

SADASHIV VYANKATI KADAM DIED THR LRS SUMANBAI SADASHIV KADAM AND OTHERS v. THE HONBLE MINISTER FOOD CIVIL SUPPLY AND CONSUMER PROTECTION DEPARTMENT AND OTHERS

CA/2175/2026 · 2026-09-21

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Judgment text

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1 40 CA 2175 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 2175 OF 2026 IN WP/1440/2024 WITH CIVIL APPLICATION NO. 2177 OF 2026 IN WP/1440/2024 SADASHIV VYANKATI KADAM DIED THR LRS SUMANBAI SADASHIV KADAM AND OTHERS VERSUS THE HONBLE MINISTER FOOD CIVIL SUPPLY AND CONSUMER PROTECTION DEPARTMENT AND OTHERS ... Mr. M. P. Kale h/f. Mr. A. A. Khande, Advocate for Applicants Mr. A. V. Lavte, AGP for Respondent-State Mr. S. B. Ghatol Patil, Advocate for Respondent Nos.5 and 6 … CORAM : AJIT B. KADETHANKAR, J. DATED : 21st September 2026 P.C. :- CIVIL APPLICATION NO. 2175 OF 2026 . For the reasons stated in the application, the same is allowed. Delay caused in filing the application stands condoned. 2. The order dated 01.04.2025 disposing the writ petition as abated stands recalled. The writ petition stands restored to its original position. 2026:BHC-AUG:43168 2 40 CA 2175 OF 2026 CIVIL APPLICATION NO. 2177 OF 2026 3. This Civil Application is for condonation of delay caused in filing the application for bringing the legal representatives of deceased original petitioner on record. 4. It is submitted that the applicants were unaware about the pending writ petition. Hence they could not approach their learned Advocate within time. It is submitted that the delay is neither deliberate nor willful and the same be condoned in the interest of justice. 5. Mr. S. B. Ghatol Patil, learned Advocate for respondent Nos.5 and 6 would strongly oppose such application. He would submit that the delay is deliberate and not bonafide. 6. For the reasons stated in the application, the same is allowed. Delay caused in filing the application stands condoned. Abatement, if any, is quashed and set aside. 7. The applicants are permitted to amend the title clause of the writ petition by incorporating the names of applicant Nos.1 to 3 as legal representatives of deceased original petitioner – Sadashiv Vyankati Kadam. 8. Amendment be carried out within a period of two weeks from today. Failure to carry out amendment shall result in 3 40 CA 2175 OF 2026 de-registration of the writ petition. Further request for restoration shall be at the cost of Rs.25,000/-. ( AJIT B. KADETHANKAR, J. ) PRW