IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6388 of 1992 with SPECIAL CIVIL APPLICATION NO. 6648 OF 1993 with SPECIAL CIVIL APPLICATION NO. 7060 OF 1993 with SPECIAL CIVIL APPLICATION NO. 7425 OF 1993 with SPECIAL CIVIL APPLICATION NO. 7451 OF 1993 with SPECIAL CIVIL APPLICATION NO. 8770 OF 1993 with SPECIAL CIVIL APPLICATION NO. 8998 OF 1993 with SPECIAL CIVIL APPLICATION NO. 9010A OF 1993 with SPECIAL CIVIL APPLICATION NO. 9780 OF 1993 with SPECIAL CIVIL APPLICATION NO. 11178 OF 1993 with SPECIAL CIVIL APPLICATION NO. 13763 OF 1993 with SPECIAL CIVIL APPLICATION NO. 13767 OF 1993 with SPECIAL CIVIL APPLICATION NO. 13943 OF 1993 For Approval and Signature: Hon'ble MR.JUSTICE JAYANT PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RAMESHBHAI RAMUBHAI PATEL Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 6388 of 1992 MR JB PARDIWALA for Petitioner No. 1-9 MR SIRAJ GORI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 2. Special Civil Application No. 6648 of 1993 MR CH VORA for Petitioner MS DS PANDIT, Ld. AGP for Respondent No. 1 .......... for Respondent No. 3. Special Civil Application No. 7060 of 1993 MR KA MEHTA for Petitioner MR SIRAJ GORI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 4. Special Civil Application No. 7425 of 1993 MR CJ VIN for Petitioner MS DS PANDIT, Ld. AGP for Respondent No. 1 .......... for Respondent No. 5. Special Civil Application No. 7451 of 1993 MR CJ VIN for Petitioner MS DS PANDIT, Ld. AGP for Respondent No. 1 .......... for Respondent No. 6. Special Civil Application No. 8770 of 1993 MR JR PARDIWALA for Petitioner MS SB TRIVEDI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 7. Special Civil Application No. 8998 of 1993 MR NK MAJMUDAR for Petitioner MS SB TRIVEDI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 8. Special Civil Application No. 9010A of 1993 MR SV BACHANI for Petitioner MS SB TRIVEDI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 9. Special Civil Application No. 9780 of 1993 MR KS JHAVERI for Petitioner MR SIRAJ GORI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 10. Special Civil Application No. 11178 of 1993 M/s S & S ASSO. for Petitioner MS SB TRIVEDI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 11. Special Civil Application No. 13763 of 1993 MR UM PANCHAL for Petitioner MR SIRAJ GORI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 12. Special Civil Application No. 13767 of 1993 MR UM PANCHAL for Petitioner MR SIRAJ GORI, Ld. AGP for Respondent No. 1 .......... for Respondent No. 13. Special Civil Application No. 13943 of 1993 MR MG DOSHIT & Co. for Petitioner MS DS PANDIT, Ld. AGP for Respondent No. 1 .......... for Respondent No. -------------------------------------------------------------- CORAM : MR.JUSTICE JAYANT PATEL Date of decision: 04/12/2002 COMMON ORAL JUDGEMENT 1. Considering the facts and circumstances of the cases, I am of the view that the dispute and the subject matter of these petitions are covered and rights of the parties are governed by the decision of the Larger Full Bench of this Court in the case of "Shailesh Jadavji Varia v. Sub-Registrar, Vadodara & Ors.", reported in 1996(3) GLR, 783. In view of the aforesaid decision, the following directions would meet with the ends of justice: 1.1 The petitioners shall approach before the Appellate Authority/Competent Authority for preferring appeal or reply to notice within a period of eight weeks from today. 1.2 It is further directed that the Appellate Authority/Competent Authority shall consider the appeal/reply to notice on its merits, without considering the question of delay and the decision shall be rendered by the Appellate Authority/Competent Authority within three months from the date of presentation of appeal/reply to notice. 1.3 It will be open to the petitioners as well as to Competent Authority in appeal to raise all contentions available under the law, and it will be open to petitioners to raise all contentions in reply to notice including the points which are covered by the above referred decision of the Larger Full Bench. 2. All these petitions are disposed of in terms of the aforesaid directions. Subject to the aforesaid directions, rule is discharged. 4-12-2002 (Jayant Patel, J.) vinod