MANSUKHBHAI BHALABHAI OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petitions have been placed before the Division Bench for consideration of the following four questions of law referred by the learned Single Judge vide CAV judgment dtd. 14/9/2021 passed in the captioned writ petition Special Civil Application No.11569 of 2021. Learned Single Judge (Biren Vaishnav,J) vide order dtd. 9/6/2022 passed in the captioned writ petition Special Civil Application No.3685 of 2021 has directed to list the said writ petition along with Special Civil Application No.11569 of 2021. The occasion to refer the matters stems out of the view expressed in the judgment dtd. 9/1/2017 rendered in Special Civil Application No.8452 of 2015 by the learned Single Judge (Sonia Gokani,J) in the case of Amanullahkhan Bhurekhan Pathan vs. State of Gujarat.

(2.) Since one of us (A.S.Supehia, J) was the author of the reference judgment dtd. 14/9/2021, we had raised a preliminary issue before the learned advocates appearing for the respective parties as to whether the reference should be heard by a Bench, wherein one of us (A.S.Supehia, J) is a member. The questions of permissibility and proprietary to hear the reference were discussed.

(3.) Learned advocate Mr.Ravani has placed reliance on the judgment in the case of Sandesh Ltd. & Anr. vs. Transmedia Software Ltd., 2016 (1) G.L.R. 574 and in the case of Indore Development Authority vs. Manoharlal & Ors., (2016) 6 S.C.C. 304 and has submitted that this Court is competent to here the reference. Learned advocates appearing for the respective parties have also expressed the same opinion.