JUDGMENT - B.H. MARLAPALLE, J.:---While hearing Writ Petition No. 526 of 2002. The learned Single Judge (Coram: A.B. Naik, J.), by referring to the earlier two decisions rendered by two different Division Benches of this Court observed that both the decisions were at variance with each other on the same point and therefore, on 7-2-2002 he passed an order of reference under Rule 7 of Chapter I of the Bombay High Court Appellate Side Rules, 1960, for placing the matter before His Lordship The Chief Justice for his considerations to refer the issues to a Bench of two Judges.

2. At the first instance, Writ Petition No. 526 of 2002 came to be placed before the Division Bench consisting of C.K. Thakker, C.J., and B.H. Marlapalle, J. By order dated 15-3-2002, the said Division Bench directed the matter to be placed before a Full Bench.

3. Writ Petition No. 1573 of 1999 was also placed alongwith Writ Petition No. 526 of 2002 before the Full Bench as admittedly the same issues in controversy are also involved in the said writ petition.

4. Writ Petition No. 1573 of 1999 has been admitted on 21-9-1999 and it is ready for final hearing. We, therefore, proceed to decide the issues under referen

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