The High Court rejected a writ petition filed to compel the Single Judge to hear a pending matter on priority. The court held that seeking a second writ for priority direction is an abuse of writ jurisdiction under Article 226.
The writ petition seeking direction for priority hearing is rejected.
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.
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wp4825.doc
ssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4825 OF 2019
Office Notes, Office
Memorandam of Coram,
appearances, Court’s ordersCourt’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Bhushan A. Kulkarni for the Petitioner
CORAM :A.S.OKA AND
M.S.SANKLECHA,JJ.
DATE :APRIL 11, 2019
P.C.:
.Not on board. Taken on board.
1 Heard the learned counsel for
the petitioner. The only substantive
prayer is to issue a writ of mandamus
or direction for taking up for hearing
Writ Petition No.4058 of 2018 on
priority basis.
2The learned counsel for the
petitioner states that the said writ
petition is pending before the learned
Single Judge. Thus, by filing a writ
petition under Article 226 of the
Constitution of India, the petitioner
is seeking a direction against the
learned Single Judge to take up a
2 wp4825.doc
particular writ petition on priority
basis. The filing of this petition is
nothing but abuse of writ jurisdiction
under Article 226 of the Constitution
of India. Writ Petition is rejected.
(M.S.SANKLECHA,J.) (A.S.OKA,J.)
1 issue framed by the court
Whether the filing of a second writ petition to direct the Single Judge to hear a pending petition on priority basis amounts to abuse of writ jurisdiction.
1 provisions across 1 enactments
Petitioner
Single Judge
A.S.Oka
M.S.Sanklecha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court