DAGA V.C., J.:---These two writ petitions under Article 226 of the Constitution of India have been referred to me in view of the split judgment by the two learned Judges of the Goa Bench of this Court. While Justice A.S. Aguiar was of the view that these petitions ought to be allowed and rule granted therein be made absolute, another learned Judge, Justice P.V. Hardas, took a view that these writ petitions ought to be dismissed and rule granted therein be discharged. The Division Bench did not formulate points of difference and ordered that these petitions be placed before the Hon'ble Chief Justice for being referred to a third Judge. The learned Chief Justice was pleased to refer these petitions for my opinion as a third Judge under Clause 36 of the Letters Patent. That is how these petitions were placed before me for hearing and opinion.

On maintainability of reference to a third Judge :

2. At the first instance, when these petitions were placed on board for directions Shri S.G. Desai, learned Senior Counsel, at the relevant time appearing for the petitioners in Writ Petition No. 88/2002 has raised an objection to this reference being violative of section 98(2) of Civil Pro