MAHENDRABHAI RAMJIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This larger bench has been constituted on a reference made by the Division bench vide judgment and order dtd. 6/7/222 in the abovementioned two letters patent appeals, wherein the judgment and order dtd. 25/4/2022 passed by the learned Single judge, relying on the Division bench decision in Shivangiben Chetankumar Patel v/s. State of Gujarat and others reported in 2019 (2) GLH 523, is subject matter of challenge.

(2.) The question referred to the larger bench is that :-

(3.) It was noted by the Division bench in the referral order dtd. 6/7/2022 that the decision of this Court in Shivangiben(supra) has been challenged before the Apex Court in Special leave to appeal (C)No(s). 14892 of 2018, wherein no stay has been granted.