JUDGMENT : - This petition was initially listed before the Hon'ble Single Judge of this Court who on 24.2.2005 passed an order holding that the petition is tenable only before the Division Bench of this Court for which the learned Single Judge placed reliance on the provisions of Rule 18 in Chapter XVII of Bombay High Court (Appellate Side) Rules, 1960.

2. The question of hearing a writ petition filed under Article 226 or 227 of the Constitution or a petition filed under Articles 226 & 227 of the Constitution has been a debatable question on several occasions. Office also in many cases finds it difficult to list a particular petition before appropriate bench as there is some confusion in this regard. In our, opinion, therefore it is necessary that the entire aspect is clarified and stated as law applicable.

3. The High Court of Judicature at Bombay has framed Rules and procedure for working out matters on the Appellate side of the High Court, they are called Bombay High Court (Appellate Side) Rules, 1960. These rules provide extensively for the manner and the procedure according to which several different kinds of litigations are to be conducted in this Court. Part 1 of these ru

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