HARESH K BORISAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Recently, the Hon'ble Apex Court has made important observations and raised important questions relating to Article 21 of the Constitution of India in case of Kapila Hingorani versus State of Bihar reported in 2003 Indian Law Decisions, Vol. 6 Part Ipage 19, which are reproduced as under:

(2.) Heard learned advocates Mrs.Sangeeta Pahwa, Mr.Gautam Joshi, Mr.Jayant P. Bhatt, Mr.Kamlesh Mehta, Mr.B.S.Brambhatt appearing on behalf of the petitioners in the respective petitions and learned advocate Mr.P.K.Parekh on behalf of the respondent - Gondal Municipality, so also, learned AGP Mr.R.V.Desai and learned Government Pleader Mr.A.D.Oza for respondent State Government Authorities.

(3.) Against this group of petitions, the respondent Gondal Municipality has filed Caveat. Thereafter, this Court has issued notice to all the respondents. On behalf of the respondent - Gondal Municipality, affidavit-in- reply has been filed and a copy thereof has been served on the other side.