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1994 Supreme(Guj) 229

B.N.KIRPAL, N.N.MATHUR, R.K.ABICHANDANI
DILAVARSINH KHODUBHA – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.J.JADEJA, B.J.SHELAT, DHAVAL C.DAVE, J.M.THAKAR

ABICHANDANI, J.

( 1 ) A Division Bench, by its order dated 23rd June, 1994, has referred the question as to whether petitions, against an order of the Tribunal under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the act"), when purported to be filed under Art. 226 of the Constitution of India, in conjunction with Art. 227 or otherwise, and where a writ in the nature of Certiorari is prayed for, are maintainable, for consideration of the Larger Bench in view of the two decisions of this Court cited before it on behalf of the respondent-State in himatlal K. Parekh v. Competent Authority and Deputy Collector (ULC), Rajkot and anr. , 1990 (1) GLH 446:[1990 (1) GLR 626], and in Jashubhai Hiralal Gandhi v. Competent Authority and Deputy Collector, Ahmedabad and Ors. , 1990 (2) GLH 609 : [1990 (2) GLR 1140]. Relying on these decisions, a contention was urged that an order passed by the Tribunal under the said Act can only be challenged under Art. 227 of the Constitution of India and, therefore, a Letters Petent Appeal was not maintainable against orders passed by a single Judge of this Court in such matters.

( 2 ) THIS Letters Patent Appeal is directed agai














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