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GUJARAT HIGH COURT
Vijay Manohar Sahay, K.J. Thaker, JJ
HEIRS OF DECEASED SHANTILAL HARGOVINDDAS BAROT – Appellant
Versus
PATEL NANABHAI (NANJIBHAI)DAHYABHAI – Respondent


Advocates:
For the Appellants/Petitioners: MR RAJESH K SHAH
For the Respondents: MR HARSHEEL SHUKLA, AGP, MR JF MEHTA

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)

1. By way of the present Letters Patent Appeal, the appellant – original petitioner has challenged the judgment and order dated 14.10.2013 passed by the learned Single Judge in Special Civil Application No.11073 of 2012 whereby the learned Single Judge was pleased to dismiss the writ petition.

2. In the writ petition, the appellant has challenged the order dated 11.11.2011 passed by the Gujarat Revenue Tribunal, Ahmedabad in Revision Application as well as the order passed by the Mamlatdar & ALT.

3. Learned counsel appearing for the appellant has urged that the writ petition was titled as one under Article 226 of the Constitution of India . Hence, the present Letters Patent Appeal is maintainable.

In our opinion, the learned Single Judge while dismissing the writ petition has not issued a writ of certiorari and the learned Single Judge has specifically observed in the impugned judgment that the petition is under Article 227 of the Constitution of India .

4. The Five Judges' Full Bench of this Court in the case of Gujarat State Road Transport Corporation v. Firoze M. Mogal and another , 2014 GLH 1 has held a

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