The Court dismissed a Civil Application filed for a writ of mandamus, granting liberty to the applicant to file an appropriate substantive petition under the Constitution.
Civil application dismissed with liberty to approach appropriate forum.
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.
caw-112.16 in wp-8140.16.sxw
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.112 OF 2016
IN
WRIT PETITION NO.8140 OF 2014
Mr. Siddharam Shivappa Patil
… Applicant
Vs.
The State of Maharashtra and Anr. … Respondents
Mr. Omer M. Kadu i/by Dr. Ramdas P. Sabban for the Applicant. Mr. V.S. Gokhale, AGP for the Respondent Nos.1 to 4. Mr. Samir Kumbhakoni for the Respondent Nos.5 and 6.
CORAM : A.S. OKA & A.M. THIPSAY, JJ.
DATE : 22nd JANUARY, 2016
P.C.
. A writ of mandamus is prayed for by filing a Civil
Application. A writ of mandamus will have to be prayed for by filing a substantive Petition and not by way of a Civil Application. Accordingly, we dispose of the Civil Application by granting liberty to the Applicant to take out appropriate proceedings in accordance with law.
1 of 1
1 issue framed by the court
Whether a prayer for a writ of mandamus can be filed as a Civil Application.
Mr. Siddharam Shivappa Patil
The State of Maharashtra
A.S. OKA
A.M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
