IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 2399  OF 2008

[Arising out of SLP(C) No.19000/2006]

VINOD BIHARILAL NARANG ... APPELLANT(S)

:VERSUS:

STATE OF MAHARASHTRA AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties we are of the opinion that

the writ appeal filed by the respondents before the High Court should not have been

entertained, the writ petition having been filed under Article 227 of the Constitution.  

The impugned judgment being wholly without jurisdiction is a nullity and it

is set aside accordingly. The matter is remitted to the learned Single Judge of the High

Court for consideration thereof afresh. All contentions of the parties shall, however,

remain  open  before  the  Single  Judge.  The  learned  Single  Judge  is  requested  to

consider the desirability of expediting the hearing of the writ petition.

-2-

The appeal is disposed of with the aforementioned direction.

..........................J (S.B. SINHA)

..........................J   (LOKESHWAR SINGH PANTA)    NEW DELHI, MARCH 31, 2008.