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1962 Supreme(Guj) 42

K.T.DESAI, P.N.BHAGWATI
PATEL GANDALAL SOMNATH – Appellant
Versus
STATE – Respondent


Advocates Appeared: I.M.NANAVATI, J.M.THAKAR

P. N. BHAGWATI, J.

( 1 ) THIS case once again raises the much debated question as to when an inquiry by a statutory body can be said to be a quasi-judicial inquiry as opposed to an administrative inquiry. The question arises in regard to an inquiry under section 5a of the Land Acquisition Act 1894 and surprisingly enough barring a decision of the High Court of Allahabad there is no authority in which the question appears to have been considered. The decision of the High Court of Allahabad treats the inquiry as a quasi-judicial inquiry but there is hardly any discussion of the reasons leading upto the conclusion and the conclusion seems to rest merely upon the ipse dixit of the Court. With respect we do not agree with the decision of the High Court of Allahabad and take the view that the inquiry is an administrative inquiry and not a quasi-judicial inquiry; but inasmuch as the question is one of considerable importance and consequence and since we have had the advantage of hearing very able arguments on both sides we think it right to give our reasons in some detail.

( 2 ) IT is necessary to set out briefly the facts giving rise to the present litigation in order to appreciate the co





























































































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