(1.) In this batch of appeals, by special leave, the appellants call in question the legal substantiality of the judgment and order dated 26.12.2013 passed by the Special Bench of the High Court of Gujarat in a bunch of Letters Patent Appeals preferred under Clause 15 of the Letters Patent.
(2.) As the factual matrix would unveil, the Division Bench that referred the matter to a larger Bench, noticed conflict in Revaben Wd/o. Ambalal Motibhai and others v. Vinubhai Purshottambhai Patel and others, 2013 1 GLH 440 and Dilavarsinhsinh Khodubha Jadeja v. State of Gujarat and others, 1995 1 GLH 58 and at that juncture framed two questions. The Special Bench adverted to the facts necessitating the reference in detail and took note of the preliminary objections of the learned counsel for the State as regards the maintainability of the Letters Patent Appeal on many a score and thereafter thought it appropriate to frame the questions afresh and accordingly it formulated questions.
(3.) At the outset, we may state that though eight questions have been drawn up by the special Bench yet we are disposed to think that they can really be put into three basic compartments, namely: