JASUBHAI HIMATSINH RAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. P.C. Kavina learned Senior counsel assisted by Ms. Krishna Desai for the appellants ­ original petitioners and Mr. N.J. Shah, learned AGP for respondents nos. 1, 2 and 3.

(2.) BY Notification dated 01.02.2002, APMC at Bhavnagar came to be bifurcated into APMC at Ghogha and APMC at Bhavnagar. According to the appellants ­ original petitioners, for one reason or other, it was not possible to start APMC at Ghogha and, therefore, representations were made for amalgamating Ghogha APMC with Bhavnagar APMC. The said representations were, ultimately, considered by the State Government and a Notification was issued on 09.03.2012 inviting objections as to why Ghogha APMC be not merged with Bhavnagar APMC. The number of objections ranging about 90 were submitted stating that Ghogha APMC be merged with Bhavnagar APMC, whereas 52 objections states that Ghogha APMC may not be merged with Bhavnagar APMC. The State Government after considering the objections took a decision by Notification dated 06.12.2012 not to merge Ghogha APMC with Bhavnagar APMC. This decision was challenged by the appellants ­ original petitioners before the learned Single Judge by filing Special Civil Application No. 59 of 2013. The learned Single Judge by order dated 11.02.2013 dismissed the writ petition. The said order of the learned Single Judge has been challenged by the appellants ­ original petitioners in the present appeal.

(3.) , Now dealing with the second argument first, we are of the opinion that the Apex Court itself has answered the question about applicability of doctrine of desuetude in paragraph 34 of the aforesaid decision, wherein it has been stated that the doctrine of desuetude does not apply in India to hold any statute, that has stood repealed because of the process. In our opinion, in this case, the doctrine of desuetude is not applicable.