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2026 DAILYLAW 12615 (BOM)

ADIWASI HAKKA SANRAKSHAN SAMITI THROU. SUHAS VECHYA NAIK AND ORS v. STATE OF MAHARASHTRA THR ITS CHIEF SECRETARY AND ORS

IA/7629/2026 · 2026-09-29

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Judgment text

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906-IA-7629-26.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7629 OF 2026 IN WRIT PETITION (ST.) NO. 12330 OF 2026 Adiwasi Hakka Sanrakshan Samiti Maharashtra State & Ors. …Applicants / Petitioners Versus State of Maharashtra & Ors. …Respondents ---------- Mr. Sidheshwar N. Biradar a/w Mr. Omhari B. Fawade for the Petitioners. Mr. P.G. Sawant, AGP for the Respondent-State. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J DATE : 29 September 2026 ORDER : 1. By this Interim Application, the Applicants/original Petitioners have sought setting aside of the conditional order dated 27th July 2026 passed by the Registrar (Judicial I) in the above Writ Petition, and by which the Writ Petition had been rejected on the ground of non-removal of office objections within the stipulated period of two weeks from the passing of the conditional order. 1/3 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.09.30 19:08:33 +0530 906-IA-7629-26.doc 2. The Petitioners have also sought for restoration of the Writ Petition. 3. The Applicants/Petitioners have stated that upon filing of the above Petition, office objections had been raised by the Registrar (Judicial I) and impugned conditional order dated 27th July 2026 had been passed for removal of office objections within the stipulated period of two weeks. 4. The office of the Advocate for the Petitioners had not kept track of the Petition and the same went unattended and accordingly, the conditional order could not be complied with within the stipulated time-frame of two weeks. 5. The Applicants upon contacting their Advocate on 21st September 2026, which was one day prior to the filing of the present Interim Application, and enquiring about the listing of the Writ Petition, the Advocate on checking of online status came to know about the conditional order dated 27th July 2026. Accordingly, the present Interim Application has been filed. 2/3 906-IA-7629-26.doc 6. Having considered the averments in the Petition as well as submissions, we are of the view that the Applicants, being lay persons, had relied upon their Advocate for removal of office objections in compliance of the conditional order dated 27th July 2026. The Applicants being laypersons should not be made to suffer prejudice in view of the default on the part of their Advocates. 7. Accordingly, we allow the present Interim Application by setting aside the conditional order dated 27th July 2026 passed by the Registrar (Judicial I). Further the Writ Petition (St.) No. 12330 of 2026 is restored to file. 8. The Petitioners shall remove the office objections within a period of three weeks from passing of this order. Failure to remove the office objections shall result in the Writ Petition being rejected without further reference to this Court. 9. The Interim Application is accordingly disposed of. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 3/3