Bombay High Court
IA/1607/2026 of DATTATRAYA DHONDIRAM PATIL Vs THE STATE OF MAHARASHTRA THR. SECRETARY REVENUE AND FOREST DEPT. AND ORS. on 12 October 2026
(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1607 OF 2026 IN WRIT PETITION NO. 1071 OF 2026 Dattatraya Dhondiram Patil ..Applicant/Petitioner Vs. The State of Maharashtra And Others ...Respondents …
25-IA-1607-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1607 OF 2026
IN
WRIT PETITION NO. 1071 OF 2026
Dattatraya Dhondiram Patil
..Applicant/Petitioner
Vs.
The State of Maharashtra And Others
...Respondents
…
Mr. Satyajeet Shirke, Advocate for the Petitioner.
Mr. V. M. Mali, AGP for the State.
…
CORAM
:
ABHAY AHUJA &
NEERAJ P. DHOTE, JJ.
DATE
:
12th OCTOBER, 2026
P.C. :
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1. This Interim Application seeks restoration of the Writ Petition after condonation of delay of 105 days that came to be dismissed in view of the order of this Court dated 7th April 2026.
2. Mr. Shirke, learned Counsel appears for the Applicant/Petitioner and submits that it is due to the fault of the Clerk of the Advocate that the rejection came about as a conditional order was not complied with. Mandar M. 1/2
25-IA-1607-2026 (C).doc
3. Mr. Shirke further submits that the Writ Petition seeks substantive justice for the Petitioner and that injustice would be caused if the Petition is not restored after condoning the delay and that this Court may consider the same leniently.
4. Learned AGP appearing for the State leaves it to the orders of this Court.
5. Having heard the learned Counsel and having considered the submissions and being mindful of settled law that for the fault of the Advocate or his Clerk, the litigant should not suffer, this Court is of the view that the Interim Application be allowed subject to payment of costs of Rs. 1,000/- to the Chief Minister’s Relief Fund.
6. Accordingly, subject to payment of costs of Rs. 1,000/- to the Chief Minister’s Relief Fund within a period of one week, the delay is condoned and the Writ Petition is restored.
7. Let a copy of the Petition be supplied to the Registry within a period of two weeks.
8. The Interim Application accordingly stands allowed disposed as above. (NEERAJ P. DHOTE, J) (ABHAY AHUJA, J.) Mandar M. 2/2