DHANJIBHAI HIRJIBHAI NASIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application has been referred to the Larger Bench vide order dated 8.5.2007 passed by the learned Single Judge (Coram:D.A.Mehta,J) as the learned Single Judge was of the opinion that there is an apparent conflict between the decision rendered by the Division Bench of this Court in the case of Amreli District Cooperative Sale and Purchase Union Ltd. And others V/s State of Gujarat, reported in 1984(2) GLR 1244 and the decision rendered by another Division Bench of this Court in the case of Gujarat State Marketing Cooperative Federation Ltd. And another V/s State of Gujarat and others reported in 2005(1) GLH 144.

(2.) The factual matrix of the present case is as under:

(3.) Heard learned advocate Mr.B.M.Mangukiya for the petitioner and learned Government Pleader Ms.Manisha Lavkumar Shah for the respondent nos.1 to 5.