M.R. SHAH, J.

1. All these petitions are placed before the Larger Bench pursuant to the order dated 17.09.2014 passed by the learned Single Judge directing to refer the matter to the Larger Bench having observed and found that there are diverse judgments by the different Division Benches of this Court i.e. in the case of Mancharam Samaram Meena v. State of Gujarat & Ors. Reported in 2013(2) GLH 128 and another decision dated 23.12.2013 of the Division Bench of this Court in the case of Chirag @ Vijay Bhikhubhai Chtrabhuj v. State of Gujarat & 2 Ors. Rendered in Letters Patent Appeal No.1195/2013.

1.1 At the outset it is required to be noted that as such the learned Single Judge in referring order has observed that there are divergent judgments/views by different Division Benches of this Court in the aforesaid decisions with respect to the maintainability of the petition under Article 226 of the Constitution of India at the preexecution stage. There are some observations made by the learned Single Judge on the divergent views by the Division Bench of this Court in the case of Mancharam Samaram Meena (Supra) and Chirag @ Vijay Bhikhubhai Chtrabhuj (Supra) on the issue that wh