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2011 Supreme(Guj) 322

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
Shardaben Premjibhai Makwana – Appellant
Versus
Settlement Commissioner & Director of Land Records – Respondent


Appearance :
Mr. N.D. Nanavaty, Sr. Advocate for M/s. Nanavaty, Advocates, for the Appellant.
Mr P.K. Jani, Government Pleader for the Respondent No. 1.
Mr. P.V. Hathi, for the Respondent No. 2.
H.L. Patel, Advocates, for the Respondent No. 3.

Judgment

J.B. Pardiwala, J.—As common questions of facts and law arise in both these appeals, they are disposed of by this common judgment and order.

The appellants – original writ petitioners seek to challenge common judgment and order passed by the learned Single Judge dated 3rd March 2011 in Special Civil Application No. 2533 of 2011 and Special Civil Application No. 2534 of 2011 whereby the learned Single Judge dismissed both the writ petitions.

2. Brief facts relevant for the purpose of deciding this appeal can be summarised as under:—

3. Letters Patent Appeal No. 506 of 2011 is preferred by writ petitioner of Special Civil Application No. 2534 of 2011. Appellant of Letters Patent Appeal No. 506 of 2011 is the ex Vice President of Bhesan Taluka Panchayat. Her challenge before the learned Single Judge was to the order passed by the Designated Officer and Settlement Commissioner and Director of Land Records, State of Gujarat, passed in Application No. 53 of 2010, by which the appellant was ordered to be disqualified as member of Bhesan Taluka Panchayat under Section 3(1)(b) of the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 (here





































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