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2004 Supreme(Guj) 414

D.A.MEHTA, M.S.SHAH
JITENDRABHAI CHUNIBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: D.PANDEY, DILIP B.RANA, Jirga D.JHAVERI, K.G.VAKHARIA, KAMAL B.TRIVEDI, P.K.JANIKIRAN, P.Y.DIVYESHVAR, S.K.JHAVERI, SANGITA VISHEN, SHALIN N.MEHTA, Thakkar Associates, TUSHAR MEHTA

M. S. SHAH, J.

( 1 ) BOTH these petitions under Article 226 of the constitution challenge the notification dated 13. 1. 2003 (Annexure "a") of the State Government in the Agriculture and Co-operation Department declaring the intention of the state Government to denotify the separate market area of apmc, Dascroi and to amalgamate the area of the Dascroi taluka in Ahmedabad District into the market area comprising of the Ahmedabad City taluka including the municipal Corporation Limits and to regulate the sale and purchase of various specified foodgrains, vegetables, pulses and fruits in the market area comprising the ahmedabad City taluka (including Ahmedabad Municipal corporation limits) and Dascroi taluka. By the said notification, the State Government also cancelled the election programme earlier declared by the Director of agricultural Marketing and Rural Finance.

( 2 ) THE facts leading to filing of these petitions, briefly stated, are as under :-2. 1 prior to 2000, the market area of the erstwhile apmc, Ahmedabad comprised of the Ahmedabad City taluka (including Ahmedabad city within the Ahmedabad Municipal corporation limits) and the Dascroi taluka of Ahmedabad district. By Go























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