IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR [LETTERS PATENT APPEAL NO.362/08 IN W.P.5056/07] [Ashta Vinayak Infrastructure & anor ..vs.. The Collector & anor] ================================== Mr. A.C. Dharmadhikari, Advocate for the petitioner Mr. Ahirkar, A.G.P. for respondent no.1 Mr. Naik, Advocate for respondent no.2 ================================== CORAM: D.K. DESHMUKH & P.B. VARALE,JJ. DATE: 15TH DECEMBER, 2008. Heard. Admit. Heard finally by consent of the parties. It is a common ground that section 3(a)(i) does not provide for an appeal. The writ petition appears to have been summarily rejected only because of availability of the remedy of appeal. Now as it transpires that there is no remedy of appeal, hence in our opinion following order would meet the ends of justice: The order dated 9.9.2008 in Writ Petition No.5056/07 is set aside. That writ petition is admitted for final hearing. Petitioner shall be at liberty to apply for appropriate interim relief before the learned Single Judge. L.P.A. stands disposed of. JUDGE JUDGE smp.