Supreme Court of India
Ankush Keshav Bowlekar vs State Of Maharashtra And Ors. on 21 January, 2000
Equivalent citations: AIR2000SC3511B, JT2000(4)SC239, AIR 2000 SUPREME COURT 3511(2), 2000 AIR SCW 2646, (2000) 7 SUPREME 721, (2000) 2 ICC 669, 2000 HRR 558, 2000 ALL CJ 2 912(1), (2000) 39 ALL LR 589, (2001) 1 BLJ 123, (2000) 4 JT 239 (SC)
Bench: S.P. Bharucha, S.S.M. Quadri, M.B. Shah
JUDGMENT
1. Leave Granted
2. It is unnecessary to go in great detail in this matter. The High Court based its order on a notice which, as it has itself found, was neither signed nor dated nor bore the requisite seal. The rules required that the notice must be issued as provided in the CPC. Clearly, that was not done. No notice of such a kind can at all be considered valid. On the ground, therefore, that the learned single Judge dismissed the writ petition, we are of the view that he was in error.
3. It appears that there were other conclusions reached by the Maharashtra Revenue Tribunal that were also under challenge in the petition filed by the appellant. To that extent, the writ petition (Writ Petition No. AS-2239 of 1983) shall stand restored to the file of the High Court at Bombay to be heard and disposed of on merits.
4. Order on the appeal accordingly.
5. No order as to costs.