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2026 DAILYLAW 8735 (BOM)

ANIL SONYABAPU AWARI AND ANR v. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY, SCHOOL EDU. DEPT. AND ANR

IA/7286/2026 · 2026-09-16

body2026

Judgment text

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6.IA7286_2026.DOC Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7286 OF 2026 IN WRIT PETITION NO. 14434 OF 2024 Anil Sonyabapu Awari & Anr. … Applicants/Petitioners Vs. The State of Maharashtra, through the Secretary, School Education Department & Anr. … Respondents __________ Mr. R.B. Khaire i/b. A.N. Bandiwadekar for the applicants/petitioners. Ms. P.N. Diwan, AGP for the State. __________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 16 SEPTEMBER, 2026. P.C. 1. By this Interim Application, the applicants/petitioners have prayed for restoration of the petition, which came to be dismissed pursuant to the order dated 21 October, 2024. The present Interim Application for restoration has been filed on 13 July, 2026. There is a gross delay of 465 days in filing the Interim Application. 2. We have heard learned counsel for the parties on the Interim Application and have also perused the averments made therein. On 21 October, 2024, a co- ordinate Bench of this Court, while issuing notice to the respondents, passed an order directing that the office objections be removed on or before 25 November, 2024, failing which the petition would stand dismissed without further reference to the Court. The office objections are stated to have not been removed and, hence, the petition was dismissed. 16 September, 2026 6.IA7286_2026.DOC 3. Although there is a contention as urged on behalf of the petitioner/applicant that the office objections were removed, however, it appears that the objections remained. 4. In the aforesaid peculiar circumstances and considering the averments made in the Application, we deem it appropriate, in the interest of justice, to restore this petition to the file of this Court and also to condone the delay. However, this shall be subject to payment of costs of Rs.7,500/- to be deposited with the Office of Government Pleader, High Court, Appellate Side. The payment of costs shall be a condition precedent. 5. With the aforesaid conditional order, the earlier order be complied within a period of one week from today, subject to which the petition shall stand restored. Intimation of the deposit of costs be submitted to the Registry. 6. The Interim Application is accordingly allowed. 7. List the Writ Petition on 30 September, 2026. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 16 September, 2026 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 17/09/2026 11:44:17