Rana Anvarbhai Vajesinh & 25 Other(S) vs State Of Gujarat & 4 Other(S)

Dr. Vineet Kothari, J

This Letters Patent Appeal is directed against the order dated 01.09.2017 of the learned Single Judge dismissing Special Civil Application No.14210

of 2017 filed by Mr. Anvarbhai Vajesinh Rana & 25 others vs. State of Gujarat & 4 others.

The issue arose because of the order passed by the RANA ANVARBHAI VAJESINH & 25 others vs. STATE OF GUJARAT & 4 others

Competent Authority under provisions of the Gujarat Agriculture Produce Markets Act and Rules thereunder rejecting the objections of the Petitioners

vide order dated 24.07.2017 for cancellation of their Trade Licences by the Competent Authority was in close proximity of time with the order dated

07.07.2017 rejecting their objections for the Voters’ List for the elections to be held for Agricultural Produce Market Committee, Savli and thus

depriving the Petitioners of their right to vote in the said election.

Since the said two issues were mingled by the Petitioners in the same writ petition, the learned Single Judge took an exception to the same and

therefore dismissed the writ petition with certain observations against the Petitioners in the impugned order. The elections were actually held in 2017

against which also it appears that the Appellants / Petitioners have not availed any regular remedy by way of appeal / revision in accordance with

relevant Rules.

The learned Single Judge has also noted in the impugned RANA ANVARBHAI VAJESINH & 25 others vs. STATE OF GUJARAT & 4 others

order that against the said order dated 24.07.2017, the Petitioners had not moved any appeal or revision before the Competent Authority.

After lapse of 4 years, now in 2021 after hearing both the learned counsel and upon the perusal of the impugned order of the learned Single Judge,

we are of the opinion that the Petitioners / Appellants ought to have availed their alternative regular remedy under the law prescribed in such matters

separately against their rejection of their separate licences as well as separately Voters’ List for the election held in 2017 for the said Market

Committee. The mis-joinder of the issues in one single writ petition under Article 226 of the Constitution of India was misconceived and has therefore

been rightly rejected by the learned Single Judge.

Upon Court’s query, Mr. B.M. Mangukiya, learned counsel for the Appellants fairly agreed that the Appellants / Petitioners may be permitted

to avail their regular remedy even now at this stage and the delay in filing such regular appeals or RANA ANVARBHAI VAJESINH & 25 others

vs. STATE OF GUJARAT & 4 others revision petitions in both respects may be condoned or at least the Authority concerned may take sympathetic

view in the matter.

Having heard learned counsel for the parties, we are of the opinion that the Appellants / Petitioners can be permitted even now to avail their regular

remedy prescribed under the law, of course separately by way of appeal / revision for cancellation of Trade Licences and against rejection of their

objections with regard to Voters’ List for election and the Petitioners should not join the issues in such a manner, as has been done in the present

writ petition. As far as the delay in availing such alternative remedy is concerned, the Appellants may file appropriate application for seeking

condonation of delay before the respective Authorities / Tribunal and we expect that the said delay condonation applications will be considered

sympathetically in accordance with law. We further expect that the Authority while considering the case of the Appellants in accordance with law,

may not feel prejudiced by the adverse RANA ANVARBHAI VAJESINH & 25 others vs. STATE OF GUJARAT & 4 others observations of the

learned Single Judge about the conduct of the Appellants as essentially rejection appears to be on the basis of mis-joinder of the two issues which the

learned Single Judge rightly rejected.

With the aforesaid observations, the present Letters Patent Appeal is disposed of. Civil Application stands also disposed of. No costs.