STATE OF GUJARAT Vs. PARSHOTTAMBHAI ZIPRUBHAI MAHLAASSISTANT

JUDGEMENT

(1.) ADMIT . Ms.Shah waives notice for the respondents. With the consent of learned advocates appearing for both the sides, the appeals are finally heard today.

(2.) BOTH the appeals are directed against the common order dated 17.7.2012 passed by the learned Single Judge of this Court in Special Civil Application Nos.2669 and 2670 of 2012 whereby the learned Single Judge has allowed the petitions in terms of the order dated 25.1.2011 passed in Special Civil Application No.14957 of 2010 and allied matters.

(3.) IT appears from the order passed by the learned Single Judge and more particularly observations made at paragraph 3, wherein finding is recorded by the learned Single Judge that the issue involved in these petitions is squarely covered by the order dated 25.1.2011 passed in Special Civil Application No.14957 of 2010 and allied matters. However, no reasons are recorded by the learned Single Judge as to why and how and in what manner, the issue is covered by the said decision. In order to record the said conclusion, that the issue is covered, it is required to be examined as to whether the original petitioners could be said as similarly situated with the petitioners of Special Civil Application No.14957 of 2010 and allied matters or not.