Sadhna Panchamlal Nirmal v. The State Of Maharashtra Through Chief Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1856 OF 2021 Sadhna Panchamlal Nirmal .. Petitioner Vs.

The State of Maharashtra, Through Chief Secretary and Ors.

.. Respondents Mr. Prashant Aher, with Mr. Vipul Patil, for the Petitioner. Ms. M.P. Thakur, AGP for Respondent No.1-State. CORAM : A.S. CHANDURKAR & M.W. CHANDWANI, JJ TH FEBRUARY, 2023.

DATE : 6 P.C. :

1.

The petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India, claiming compensation on account of death of the petitioner's husband in an accident that is claimed to have occurred on account of the pothole on the road when he was traveling in his auto-rickshaw. 2.

The learned AGP for respondent no.1-State raises an objection to the maintainability of the Writ Petition on the Appellate Side. It is submitted that since the entire cause of action has arisen within the city of Mumbai, the proceedings are required to be filed on the Original Side. Digitally signed by SNEHA ABHAY DIXIT Date:

2023.02.06 17:39:55 +0530 1/2 SNEHA ABHAY DIXIT 7-WP-1856-2021.doc Dixit

3.

Leave granted to the petitioner to convert the present proceedings as a Writ Petition filed on the Original Side.

4.

After such conversion, issue notice to the respondents, returnable on 6 th March 2023. Learned AGP waives notice for respondent no.1-State. 5.

S.O. to 6 th March 2023.

[ M.W. CHANDWANI, J. ] [ A.S. CHANDURKAR, J. ] 2/2 7-WP-1856-2021.doc Dixit