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2012 Supreme(Guj) 304

V.M.SAHAI, BHASKAR BHATTACHARYA, A.L.DAVE
PREETHISINGH MUKANDSINGH SHIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
LPA No. 1106/11 TO 1111/11 & 1116/11 – MR JV JAPEE for appellants.
LPA No. 2240/10 MR MIHIR THAKORE, SR. COUNSEL with MR. KB PUJARA for appellants.
LPA No. 2653 of 2010 – MR PM BHATT for appellants.
LPA No. 2782 of 2010 – MR RAJESH K SHAH for appellants.
SCA No. 4599/12, 5857/12 to 5873/12, 5875/12, 5876/12, 5878/12, 5879/12 - MR YN OZA, SR. COUNSEL with MR SP MAJMUDAR with MR VIMAL A PUROHIT for Petitioners.
MR. KAMAL TRIVEDI, ADVOCATE GENERAL with MR. P.K. JANI, GOVERNMENT PLEADER with M/S SANGITA VISHEN, ASST. GOVERNMENT PLEADER for Respondents.

ORDER

MR. BHASKAR BHATTACHARYA, J.

1. While admitting Letters Patent Appeals being LPA No. 1106/2011, 1107/2011, 1111/2011 and 1116 of 2011 preferred by unsuccessful petitioners of four different Special Civil Applications, a Division Bench of this Court presided over by the then the Chief Justice directed that in view of the importance of the issue involved therein, the matters should be heard by a larger Bench. Consequently, this Bench was constituted for hearing all those four LPAs.

1.1 Subsequently, after taking into consideration the fact that various Special Civil Applications were pending before the learned Single Judge involving the selfsame point, we decided to give opportunity of making submissions to the learned counsel for the petitioners in those Special Civil Applications at the time of hearing of the above four appeals.

2.2 The subject matter of the four LPAs indicated above is the decision of the District Collector, Kutch who issued instructions to the concerned Mamlatdar to freeze the ‘khedut khatas’ [agricultural accounts] of the appellants until further instructions on the ground that the appellants are agriculturists belonging to other States and, therefore, they ar

















































































































































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