1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. L.P.A. No. 584/2010 in WRIT PETITION NO. 5675/2009 (D) (Yunus Ali Kallu Shah and ors. .vs. Sk. Usman Sk. Gulzar and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.L. Khapre, Advocate for Appellants. .......... CORAM : S.A. BOBDE & P.D. KODE, JJ. DATED : DECEMBER 13, 2010 Heard. Mr. Khapre, learned counsel for the appellants states that since the question involved was a breach of rule of natural justice, the learned Single Judge ought to have exercised the writ jurisdiction under Articles 226 and 227 of the Constitution of India. While it is permissible to exercise the jurisdiction in appropriate cases particularly even when there is an alternate remedy, it is open for this Court to decline to exercise such jurisdiction and particularly in view of matter involving disputed question of facts, as rightly observed by learned Single Judge. We, therefore, do not propose to entertain the L.P.A. In the circumstances, the L.P.A. is rejected. JUDGE JUDGE halwai