IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLCIATION NO. CAF 915/2010 FIRST APPEAL NO.77 OF 2003 ARUN BHALCHANDRA BHAGAT ..VS.. THE COLLECTOR NAGPUR AND ANOTHER =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : SMT. VASANTI A NAIK,J. DATED : 17th June, 2010. Heard Shri Sadavarte, the learned advocate for the appellant and Shri Anand Deshpande, the learned advocate for the respondents. By this civil application, the applicant seeks permission to convert the appeal into a writ petition by amending the memorandum of appeal. The learned counsel for the applicant states that during the pendnecy of the first appeal it was realized by the counsel for the appellant that the first appeal is not maintainable and the appellant was required to file a writ petition, instead. The learned counsel for the appellant relies on the judgment reported in 2009(5) SCC 162 to canvass that this court can permit the appellant to convert the first appeal into a writ petition in exercise of its inherent power. Shri Deshpande, the learned AGP for respondents states that this court may pass necessary orders in accordance with law. On hearing the learned counsel for the parties and on perusal of the memorandum of appeal and the judgment reported in 2009(5) SCC 162, it appears that it would not be in the interest of justice to permit the appellant to convert the appeal into a writ petition as this would not be a fit case for exercising the inherent power as the appeal memo in this case is extremely bulky and it would be necessary for the appellant in this case to carry out extensive amendments to the present memorandum of appeal. It is necessary to note that a writ petition and a first appeal are drafted in entirely different manner and it would not be possible to convert the first appeal, especially in the instant case, into a writ petition, considering the memorandum of first appeal in this case. Hence, in the interest of justice, the applicant could be permitted to withdraw the first appeal with liberty to file the writ petition. The civil application no.915/2010 is therefore, rejected as this court is not inclined to exercise its discretion in permitting the appellant to convert the memorandum of first appeal into a writ petition. Civil application is disposed of. JUDGE SMP IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR FIRST APPEAL NO.77 OF 2003 ARUN BHALCHANDRA BHAGAT ..VS.. THE COLLECTOR NAGPUR AND ANOTHER =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : SMT. VASANTI A NAIK,J. DATED : 17th June, 2010. Heard Shri Sadavarte, the learned advocate for the appellant and Shri Anand Deshpande, the learned advocate for the respondents. Shri Sadavarte, the learned counsel for the appellant seeks permission to withdraw the first appeal with liberty to file writ petition. Permission for withdrawal of appeal is granted, so also liberty to file writ petition is granted. The first appeal is disposed of as withdrawn. JUDGE SMP