VARVABHAI NATHABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal is filed by one Varvabhai Nathabhai Rabari, who was the Chairman of the Agricultural Produce Market Committee, Patan, and 10 others, who are the members of the Agricultural Produce Market Committee. The Letters Patent Appeal is filed being aggrieved of the order passed by the learned Single Judge dated 11th September, 2001, whereby the learned Single Judge has admitted the petition, but, has refused to grant the interim relief.

(2.) The learned Advocate appearing for the appellant assailed the order on the ground that the learned Single Judge has refused the interim relief without assigning any reasons for the same. It was also contended by the learned Advocate appearing for the appellants that the order dated 13th/18th August, 2001 produced at Annexure-A to the petition is required to be quashed and set aside and the petitioners, appellants herein, are required to be restored as the members of Patan Agricultural Produce Market Committee. The learned Advocate submitted that the learned Single Judge ought to have examined the prima facie case and should have taken into consideration the fact that the supersession order of the Market Committee which is purported to have been based on the report of the inquiry conducted under section 44 of the Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the Act"), but, the inquiry report itself suggested that action under section 46 is not desirable.

(3.) After the matter was heard for some time, the Court conveyed to the learned Advocate that the scope of Letters Patent Appeal is limited as the present appeal is filed only against an interim order, refusing grant of interim relief. Further, in view of the fact that the petition is admitted and Rule is made returnable on 25th October, 2001, this Court is not inclined to interfere with the order of the learned Single Judge. The learned Advocate for the appellant insisted that as the appellants have a strong prima facie case and therefore, this Court should examine the entire matter on merits even though the appeal is filed against an interim order only.