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2008 Supreme(Guj) 88

C.K.BUCH
Nayan Shah Thro P. A. O. Paresh Mansukhlal Shah – Appellant
Versus
State of Gujarat Thro The Secretary – Respondent


Advocates Appeared:
Special Civil Application No. 16346 of 2006 :
Mr. N.M. Kapadia, for the Petitioner No. 1.
Mr. Vinay S. Pandya, Assistant Government Pleader, for the Respondent No. 1.
Mr. R.D. Dave, for the Respondent Nos. 2-3.
Special Civil Application No. 20381 of 2006 :
Mr. N.M. Kapadia, for the Petitioner No. 1.
Mr. Vinay S. Pandya, Assistant Government Pleader, for the Respondent No. 1.
Mr. R.D. Dave, for the Respondents No. 2-3.
Special Civil Application No. 10162 of 2007 :
Mr. S.N. Thakkar, for the Petitioner No. 1.
Mr. R.D. Dave, for the Respondent.

Judgment

C.K. Buch, J.—Invoicing jurisdiction of this Court under Article 226 read with Articles 14, 16 and 19(1)(g) of the Constitution of India, the petitioners of all these three petitions have inter alia prayed that this Court may issue appropriate writ, order or direction, if need be, a writ of mandamus directing the respondents to refund the amount of Earnest Money Deposit (hereinafter referred to as ‘the EMD’) deposited by the petitioners to the tune of Rs. 5 lakhs in each case. In two petitions filed in the year 2006, the State of Gujarat is shown as party Respondent No. l, and the respondent-State is served through the Ministry of Industrial Affairs of State of Gujarat, Sachivalaya, Gandhinagar, in the third petition filed in the year 2007 i.e. Special Civil Application No. 10162 of 2007, the respondent-Gujarat Industrial Investment Corporation Ltd. (hereinafter referred to as ‘the respondent-Corporation’) is the only party respondent. The parties are served.

2. I have heard Shri Vinay Pandya, learned Assistant Government Pleader, appearing on behalf of the respondent-State in two petitions and Shri R.D. Dave, learned Counsel appearing for the respondent-GIIC.

3. It is the sa






























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