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2002 Supreme(Guj) 116

B.C.PATEL, J.N.PATEL
Varvabhai Nathabhai Rabari – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.S.JAVERI, KAMAL TRIVEDI, V.M.PANCHOLI

JAYANT PATEL, J.

( 1 ) THE present Letters Patent Appeal is directed against the judgment and order dated 6. 11. 2001 passed by the learned single Judge of this court in Special Civil application No. 7443/2001.

( 2 ) THE facts of the present case, in short, are as under : 2. 1 An inquiry was made under section 44 of the Gujarat Agricultural produce Markets Act, 1963 (hereinafter referred to as "the Act") in respect of complaint against irregularities and corruption and as an outcome of such inquiry report the State Government, in exercise of powers under section 46 of the act, issued a notice to show cause as to why the Agricultural Produce Market committee, Patan should not be superseded since as per the State government, the Market Committee had made persistent defaults in performance of its duties and had abused its powers. The allegations made in the show cause notice were that (i) though the Labour Court did not pass any order, the Market Committee, on its own, made its employees permanent with effect from 1992 and not only that but paid the backwages of Rs. 14,11,822/-, (ii) without holding any public auction various pieces of land situated at Nutan Ambica vegetable Sub-yard h























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