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2002 Supreme(Bom) 405

C.K.THAKKER, A.M.KHANWILKAR
Bhikaji Tukaram Jadhav & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - C.K. THAKKER, C.J.:---This Letters Patent Appeal is filed against an order passed by the learned Single Judge on 10th of April, 2002 in Writ Petition No. 2178 of 2002. The said order reads thus:

“The impugned order does not suffer from any illegality or error apparent on the face of the record. Hence petition is rejected. On behalf of respondent Nos. 2 and 3, learned Counsel makes a statement that the transit accommodation is ready and this transit accommodation is available to the petitioner; till such time the permanent accommodation comes up. Statement is accepted.

Petition is disposed of accordingly.”

2. We have heard the learned Counsel for the parties.

3. When the matter was placed for admission hearing, a preliminary objection was taken by the learned Counsel for respondents Nos. 2 and 3 that Letters Patent Appeal is not maintainable inasmuch as the petition filed by the petitioners (present appellants) was under Article 227 of the Constitution. When the petitioners themselves had invoked supervisory jurisdiction of this Court under Article 227 of the Constitution and an order was passed, such an order would not be subject to intra-Court appeal under Clause 15 of the


















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