No substantive facts or reasoning provided. The court dismissed the Letters Patent Appeal, holding that an order passed under Article 227 is not appealable, and the invocation of Article 226 in the petition does not create a right to an appeal.
Letters Patent Appeal dismissed; Civil Application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 132 OF 2005 IN
WRIT PETITION NO. 1079 OF 2005
The Divl. Manager, Forest Dev. Corpn. Ltd..... . Appellants. V/s Shri Hari Arjun Gavit .. .. ..... ...... Respondent
Mr.M.S.Karnik, Adv. for the appellants.
None for the respondents.
CORAM: V.G. PALSHIKAR AND D.B. BHOSALE, JJ. 21.10.2005.
PC:
The impugned order passed being under Article 227 of the Constitution of India,
under clause 15 of Letters Patent, Appeal is not tenable. Mere mention of Article 226 cannot create a right in the litigant to choose the Forum or create a right to an appeal. Hence it is dismissed. Civil Application, if any, also stand disposed of accordingly.
21.10.05
2 issues framed by the court
Whether a Letters Patent Appeal is tenable when the impugned order was passed under Article 227 of the Constitution of India rather than Article 226.
Whether mere mention of Article 226 grants a litigant the right to choose a forum or create a right to an appeal.
1 provisions across 1 enactments
The Divl. Manager, Forest Dev. Corpn. Ltd
Shri Hari Arjun Gavit
V.G. PALSHIKAR
D.B. BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
