The High Court disposed of a writ petition challenging an heirship certificate. It held that despite the petitioner's interest, the existence of an alternate remedy precluded entertaining the writ, granting liberty to file an appeal.
The writ petition disposed of; liberty granted to the petitioner to file an appeal.
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1 wp 734.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 734 OF 2012
Mehrunisabegum W/o S. A. Raheman .. Petitioner
Versus
Mohammad Abdul Kadar Mohammad Moinoddin .. Respondent
Shri M. C. Syed, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 23RD JANUARY, 2012.
PER COURT :
. The petitioner is challenging the heirship certificate granted in favour of the respondent. Shri Syed, the learned counsel for the petitioner submits that even if appeal is maintainable against the said order, this Court can entertain the writ petition in view of the admitted facts. The father of respondent himself has admitted in the deposition that he has no issue from his first wife. The learned counsel relies on the judgment of the Apex Court in a case of Rajasthan State Electricity Board Vs. Union of India reported in 2008 AIR
SCW 5397 .
2 wp 734.12
[ S. V. GANGAPURWALA, J. ]
bsb/Jan. 12
1 issue framed by the court
Whether this Court can entertain a writ petition challenging an heirship certificate despite the availability of an alternate remedy of appeal.
Colour shows how this judgement treated each authority
Rajasthan State Electricity Board Vs. Union of IndiaReferred¶10
Rajasthan State Electricity Board Vs. Union of India reported in 2008 AIR SCW 5397 · Who else cites this
Mehrunisabegum W/o S. A. Raheman
Mohammad Abdul Kadar Mohammad Moinoddin
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
