BHIKHABHAI DAHYABHAI JAJADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. B. M. Mangukiya for the petitioner, learned advocate Mr. V. C. Vaghela for the respondent and learned AGP Mr. Niraj Ashar for respondent - State. Perused the record.

(2.) Considering the facts and circumstances emerging from record, and more particularly, considering the provisions of Article 226(3) of the Constitution of India, when Civil Application is to be decided at the earliest, it would be appropriate to take up the main petition also, for appropriate decision, since it is yet not admitted, because the facts, circumstances and evidence in main petition are equally relevant for decision in Civil Application also. Similarly for confirmation of interim relief or its rejection as prayed for in Civil Application, the averments and Annexures of main petition are equally relevant.

(3.) For the sake of brevity, parties are referred in their capacity in main petition.