LAWS(GJH)-2014-1-182

VIPULBHAI M CHAUDHARY - CHAIRMAN Vs. STATE OF GUJARAT

Decided On January 20, 2014
Vipulbhai M Chaudhary - Chairman Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) AS per order dated 6.1.2014 passed by the learned Single Judge of this Court, reference made to the Division Bench is on the following question: -

(2.) WE need not enter into the factual controversy leading to the filing of the present petition, since the main Special Civil Application is yet not finalized by the learned Single Judge and the main Special Civil Application has reached us on account of the above referred Reference made by the learned Single Judge.

(3.) HOWEVER , in order to appreciate the question raised, reference to the above referred three decisions of this Court and the subsequent decision of the Apex Court as well as the decision of another learned Single Judge of this Court, whereby he has found that the decision of the Full Bench has been impliedly overruled, would be relevant and the same can broadly be narrated as under: -