Letters Patent Appeal dismissed as the Single Judge's findings were correct. The objection regarding Article 226 maintainability was not considered.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 227 of 2008 IN
Writ Petition No. 2341 of 2008 [decided] [Dushkal Nivaran Samiti Vs. Divisional Forest Officer]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. Sharad Kadu, Adv., for the appellant.
Mr. S.R. Deshpande, Adv., for respondent.
-----
CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ.
DATE : 20th July, 2009.
1.Heard learned Adv. Mr. Kadu for the
appellant and learned Adv. Mr. S.R. Deshpande
for the respondent.
2.Contention is that Water Meter was
already disconnected, and there was no supply,
still water charges are being recovered by
respondent from appellant-licensee. It is
pointed out to us that the recovery is as per
bills served by Nagpur Municipal Corporation.
The appellant was a licensee, and has been
evicted after following the procedure prescribed
under Bombay Govt. Premises [Eviction] Act,
1955. Payment of water charges for a canteen
run by appellant was his obligation.
2
3.In the circumstances, we do not find
anything wrong with the findings recorded by
learned Single Judge.
4.Learned Adv. Mr. S.R. Deshpande has
contended that Writ Petition before learned
Single Judge was under Article 227 of the
Constitution of India and, therefore, Letters
Patent Appeal is not maintainable.
5.In view of our above finding, we have
not considered this objection.
6. Letters Patent Appeal is dismissed.
Judge Judge
|Hedau|
3
Dushkal Nivaran Samiti
Divisional Forest Officer
B.P. DHARMADHIKARI
F.M. REIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court