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2026 DAILYLAW 9503 (BOM)

VITTHAL MAHADU BORHADE v. STATE OF MAHARASHTRA THRU SECRETARY AND ORS

IA/7339/2026 · 2026-09-21

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Judgment text

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9-IA-7339-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7339 OF 2026 IN WRIT PETITION (ST) NO. 5509 OF 2026 Vitthal Mahadu Borhade … Applicant Versus State of Maharashtra and others … Respondents ****** Adv. V. S. Tadake, a/w Adv. M.B. Gawade, for Applicant. Ms. G.R. Raghuwanshi, AGP for Respondents/State. ****** CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 21st SEPTEMBER 2026. PC: 1. By this application, the applicant (original petitioner) is seeking restoration of the writ petition as also condonation of delay in moving the prayer for restoration, in the light of dismissal of the petition due to conditional order dated 29/04/2026 passed by the Registrar (Judicial-I). It appears that the applicant could not remove the office objections within the stipulated period of time, as a result of which the registration of the writ petition itself was refused. 2. A perusal of the application shows that one of the objections raised by the Registry pertained to the failure on the part of the applicant to place Bhalerao 1 SWEETY RAJU BHALERAO Digitally signed by SWEETY RAJU BHALERAO Date: 2026.09.21 18:06:31 +0530 9-IA-7339-2026.doc on record Government Resolution dated 23/08/2004. The learned counsel for the applicant submits that since the applicant is unable to produce the said Government Resolution, he has instructions to state that prayer clause (b) in the writ petition, with reference to the said Government Resolution, will be deleted by the applicant (petitioner), so that the said objection itself is addressed. It is submitted that the other objections would be removed within a period of four weeks. 3. In view of the above and for the reasons stated in the application, the same is allowed. Delay is condoned. Consequently, the order dated 29/04/2026 passed by the Registrar (Judicial -I) is recalled and the petition is directed to be restored, subject to the applicant removing the office objections, except the one pertaining to Government Resolution dated 23/08/2004, within a period of four weeks from today and further subject to deleting prayer clause (b) from the original writ petition within the said period of time. 4. Application is disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Bhalerao 2