THAKKAR RAGHURAMBHAI RANCHHODBHAI Vs. PRESIDENT-RADHANPUR MUNICIPALITY

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners have prayed for issuance of appropriate writ, order or direction quashing and setting aside the orders under challenge passed by the learned Presiding Officer, Fast Track Court, Patan dated 17/02/2009 in Civil Misc. Appeal No.23 and 22 of 2008 preferred by the org. defendants.

(2.) BOTH the petitions are titled as petition preferred under Articles 226 and 227 of the Constitution of India. However, Mr.S.M.Shah, learned Senior Advocate appearing with Mr.M.M.Tirmizi, learned Advocate for the petitioner has clarified that petitioners propose these petitions as petition under Article 227 of the Constitution of India and same may not be treated as petitions, under Article 226 of the Constitution of India.

(3.) WHEN these petition were listed for admission hearing, the Court decided to pass interim order on 16/03/2009 and the Court has referred only Article 227 of the Constitution of India by observing that petitioners have filed these petition under Article 227 of the Constitution of India.