Information about L.P.A

yogesh (Querist) 11 November 2009 This query is : Resolved
Dear Experts,
Please inform what is the applicability of L.PA(Letters Patent Appeal) and where it is maintainable and under what circumstances it can be filed?/
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AEJAZ AHMED (Expert) 11 November 2009
Dear Yogesh,

When there is a decision of a single bench or division bench of High Court in writ petition then appeal that lie against the decision it is called Letters Patent Appeal.

The Test which is made applicable for maintainability of L.P.A., by the Hon'ble supreme Court is as follows:

" where the facts justify a party in filing an application either under Article 226 or 227 of the Constitution, and the party chooses to file his application under both these Articles, in fairness and justice to such party and in order not to deprive him of the valuable right of appeal the Court ought to treat the application as being made under Article 226, and if in deciding the matter, in the final order the Court gives ancillary directions which may pertain to Article 227, this ought not to be held to deprive a party of the right of appeal under clause 15 of the Letters Patent where the
substantial part of the order sought to be appealed against is under Article 226. "

Kindly go through the attached Judgemnts