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2014 Supreme(Guj) 52

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Lakshmanbhai Ukabhai Parmar – Appellant
Versus
Karmsibhai Lalabhai Parmar – Respondent


Advocates:
Appearance :
Mrs. Dharita P. Malkan, Advocate with Ms. Khushboo V. Malkan, Advocate for the Petitioners.

Judgment

Mr. Bhaskar Bhattacharya, CJ.—By this Special Civil Application, the writ-petitioners have not only prayed for a writ of mandamus declaring that the Mamlatdar’s Courts Act, 1906 as ultra vires Article 14 of the Constitution of India but have also prayed for a direction for quashing and setting aside the order dated 30th July 2012 passed by the Mamlatdar, Lathi, in Mamlatdar Court Case No. 11 of 2012 and also the order dated 25th February 2013 passed by the Deputy Collector, Lathi, in Revision Case No. 5 of 2012.

2. This Court, at the very outset, made it clear to the learned advocate for the petitioners that this Court will restrict its scrutiny only to the question whether, The Mamlatdar’s Court Act, 1906 (hereinafter referred to as “the Act”) is ultra vires the Constitution of India. However, for challenging the other orders impugned in this application, the petitioners are required to move the appropriate learned Single Judge vested with the jurisdiction to decide such question.

2.1 Accordingly, we have restricted our scrutiny only to the question whether the Act is in any way ultra vires the Constitution of India.

3. Mr. Malkan, the learned advocate appearing on behalf of











































































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