Amjad Rafik Sheikh Vs State of Maharashtra, Thr. the Secretary, Revenue and Forest Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Amjad Rafik Sheikh Vs State of Maharashtra, Thr. the Secretary, Revenue and Forest Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 31 days in filing the restoration application condoned subject to costs of Rs.1,000/- payable to the High Court Bar Association Library, Nagpur, within two weeks; restoration application allowed; Registrar (Judicial)'s order dated 06.10.2025 quashed and set aside; applicant directed to remove office objections within two weeks, upon which the writ petition is to be restored.

Issue for consideration

Whether the 31-day delay in filing the application for restoration of the writ petition ought to be condoned. +1 more

Court's answer

The delay of 31 days in filing the application for restoration of the writ petition is condoned, subject to payment of costs of Rs.1,000/- by the applicant to the High Court Bar Association Library, Nagpur, within two weeks.

Ratio / Principle

The application for restoration of the writ petition is allowed and the order dated 06.10.2025 passed by the Registrar (Judicial) is quashed and set aside.

Key takeaways

The applicant is directed to remove the office objections within two weeks; on removal of the office objections, the writ petition is to be restored.ratio¶¶21

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (PRAFULLA S. KHUBALKAR, J.), 16th December 2025 — Civil Application (CAO) No.1358 of 2025 in Misc. Civil Application (Stamp) No.28126 of 2025 in Writ Petition (Stamp) No.17258 of 2025, AMJAD RAFIK SHEIKH v. STATE OF MAHARASHTRA AND OTHERS: (i) the 31-day delay in filing the application for restoration of the writ petition was condoned, subject to costs of Rs.1,000/- payable to the High Court Bar Association Library, Nagpur, within two weeks; (ii) the application for restoration was allowed — the order dated 06.10.2025 passed by the Registrar (Judicial) refusing registration of the writ petition for non-removal of office objections within the stipulated period was quashed and set aside; (iii) the applicant was directed to remove the office objections within two weeks, on removal of which the writ petition is to be restored. Both the civil application and the miscellaneous civil application were disposed of. Neutral citation: 2025:BHC-NAG:14403.

2025:BHC-NAG:14403

1 11. CAO 1358 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

CIVIL APPLICATION (CAO) NO.1358 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.28126 OF 2025 IN WRIT PETITION (STAMP) NO.17258 OF 2025

AMJAD RAFIK SHEIKH

VERSUS

STATE OF MAHARASHTRA, THR. THE SECRETARY, REVENUE AND FOREST DEPT., MUMBAI AND OTHERS

Office Notes, Office Memoranda of Court's or Judge's orders Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. T.H. Bewali, Advocate for Applicant. Mr. S.B. Bissa, AGP for Respondents-State.

CORAM : PRAFULLA S. KHUBALKAR, J. DATED : 16^th December 2025

Heard learned Advocate for the applicant.

This is an application for condonation of delay in filing the application for restoration of writ petition, of which registration was refused for failure to remove the office objections.

Learned Advocate for the applicant submits that the delay of 31 days occurred since the applicant was not aware about the order of refusal of registration, and therefore, the delay is unintentional.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 31 days in filing the application for restoration of writ petition is condoned, however, subject to costs of Rs.1,000/- (Rupees One

2 11. CAO 1358 of 2025.odt

Thousand Only), to be paid by the applicant to the High Court Bar Association Library, Nagpur, within a period of two weeks from today.

The civil application is accordingly disposed of.

MISC. CIVIL APPLICATION (STAMP) NO. 28126 OF 2025

This is an application for restoration of writ petition, of which registration is refused by order dated 06.10.2025, for non removal of the office objections within stipulated period.

Learned Advocate for the applicant submits that the applicant/petitioner wants to contest the petition on merits and therefore, he seeks restoration of writ petition.

Considering the reasons mentioned in the application and submissions advanced, the application for restoration of writ petition is allowed. The order dated 06.10.2025, passed by the Registrar (Judicial), is quashed and set-aside. The applicant is directed to remove the office objections within a period of two weeks from today. On removal of the office objections, the writ petition be restored.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.)

asd