A. D. DESAI, B. J. DIVAN, D. P. DESAI, J.

( 1 ) THE question which has been referred by the Division Bench of this Court for the decision of the Full Bench is as follows: Whether an appeal against the decision of a Single Judge of this High Court in the exercise of the jurisdiction of the High Court under Article 226 of the Constitution is barred under Clause 15 of the Letters Patent (a) because the decision of the Single Judge can be said to be given in the exercise of revisional jurisdiction of the High Court; or (b) it is otherwise barred ?the Division Bench consisting of two of us (Chief Justice and D. P. Desai J.) referred this question to the larger bench because it was felt that the decision of the Division Bench consisting of S. H. Sheth and R. C. Mankad JJ. Letters Patent Appeal No. 303 of 1977 decided on February 6 1978 (Gariadhar Gram Panchayat v. Nanubhai B. Desai A. I. R. 1978 Guj. 76) had not taken into consideration two decisions of the Supreme Court viz. State of Uttar Pradesh v. Vijay Anand A. I. R. 1963 Supreme Court 945 and Shanker v. Krishna A. I. R. 1970 Supreme Court 1; and it was also felt that it was unfortunate that the attention of the learned Judges who de

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