A two-judge bench dismissed the appellant's civil application and letters patent appeal seeking to quash an order dismissing a writ petition filed under Article 226 of the Constitution.
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cal-460gr-11.sxw
1
dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CAL/460/2011
IN
LETTERS PATENT APPEAL (ST) NO. 30547 OF 2011
ALONG WITH
LETTERS PATENT APPEAL (ST) NO. 30547 OF 2011
Ratnagiri Nagar Parishad .... Appellant vs Ismil A. Latif Suvarndurgakar .... Respondent
Mr. Rakesh R. Bhatkar for the Appellant.
Ms. Pavitra Manesh i/by Mr. M.S.Topkar for the respondent.
CORAM: D. K. DESHMUKH &
ANOOP V. MOHTA, JJ.
DATE : December 08, 2011
P.C.:
This is an application taken out by the Appellant for condonation of delay in filing Letters Patent Appeal. The delay is of 2 years and 72 days.
2 The Appeal is against an order passed by a learned Single Judge
cal-460gr-11.sxw
dismissing the Petition filed by the Petitioner. The Petition was filed by the Petitioner under Article 227 of the Constitution of India. In view of the law settled by the Supreme Court, a Letters Patent Appeal under clause 15 of the Letters Patent is not maintainable at the instance of the Petitioner who files a petition under Article 227 of the Constitution of India before a learned Single Judge. Hence, no useful purpose would be served by condoning the delay. Hence the Civil Application as well as Letters Patent Appeal stand dismissed. There shall be no order as to costs.
(ANOOP V. MOHTA, J.)
(D. K. DESHMUKH,J.)
2 issues framed by the court
Whether a Letters Patent Appeal is maintainable against a judgment rendered by a learned Single Judge on a writ petition filed under Article 226 in respect of action taken by a Municipal Council, etc.
Whether the condonation of delay in filing the second appeal would serve any useful purpose in view of the settled law.
4 provisions across 3 enactments
Ratnagiri Nagar Parishad
Ismil A. Latif Suvarndurgakar
D. K. Deshmukh
Anoop V. Mohta
As recorded by the court registry
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