KAMLABAI VITTHAL ROHANKAR Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) ADMIT. Heard finally the learned Counsel for the parties by consent.

(2.) THIS Letters Patent Appeal under Clause 15 of the Letters patent (Bombay) takes exception to the judgment dated 23. 1. 2007 passed by the learned Single Judge of this High Court in Writ Petition no. 278/07.

(3.) AT the outset, the Counsel for the respondent no. 4 took preliminary objection regarding the maintainability of the Letters Patent appeal against the order of learned Single Judge. Perusal of the Writ petition discloses that the respondent no. 4 himself who was petitioner in the above Writ Petition has mentioned Article 226 of the Constitution of India in the cause title of the petition. Even para 6 of the petition reads as follows :-