LAWS(GJH)-2003-12-22

GAUTAMBHAI DEVSHANKAR DAVE Vs. STATE OF GUJARAT

Decided On December 26, 2003
GAUTAMBHAI DEVSHANKAR DAVE Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the order dated 17/10/2003 & 7/11/2003 made in Special Civil Application No. 14317 of 2003 by the learned Single Judge dismissing the petition.

(2.) It appears that the appellants who are original petitioners (hereinafter referred to as 'the petitioners) are members of the Siddhpur Agriculture Produce Market Committee (hereinafter referred to as 'the Market Committee') constituted under Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as 'the Act'). On 7/8/2003 a show-cause notice came to be issued by the State Government as to why the Market Committee should not be superseded on the stated grounds. The said show cause notice was challenged by way of Special Civil Application No. 12258 of 2003. On 19/8/2003 the petition was rejected by the learned Single Judge of this Court and the petitioners preferred Letters Patent Appeal against the same and the same came to be dismissed on 28/8/2003.

(3.) On 26/9/2003 the State Government in exercise of powers under Section 46 of the Act superseded the Market Committee and appointed an Administrator. The said decision was challenged by way of a petition being Special Civil Application No.14317 of 2003. As the said petition was rejected the original petitioners have preferred this Letters Patent Appeal.