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Mohammad vs State

High Court Of Gujarat|20 June, 2012
1. Leave to amend the cause title is granted.
2. Heard Mr. Tirmizi, learned Advocate for petitioners and Mr. Rohan Yagnik, learned A.G.P.
3. The petitioner has taken out present petition seeking below mentioned relief:
"(A) Your Lordships be pleased issue writ of mandamus and/or appropriate writ order or direction and be pleased to restrain the respondent no.3 herein from acting upon the notice at Annexure-B dtd. 25.08.2011 without impleading the respondent no.4 and appropriate orders from the respondent no.4 herein in the interest of justice;
(B) Your Lordships be pleased to order that pending admission and or final disposal of this petition the respondent no.3 be restrained from action upon the notice at Annexure-B in the interest of justice.
(C) Your Lordships be pleased to grant such other and further relief as are deemed fit in the interest of justice."
4. It emerges, from the record of the petition that the petitioner has also taken out civil proceedings i.e. civil suit in the learned trial Court seeking similar relief. In the said proceedings application for interim relief was also preferred. The petitioner has mentioned the said aspect in para no.3 of memo of petition which reads thus:
"3. That the four rooms are in the masjid area and the rent of three rooms was being given to the 'Imam' who was holding one room. Thus, the small rooms were given upon instructions of the then DGP for administration of the mosque and to the widow of a retd police man or to a retired police man. The petitioners respectfully submit that in the year 2002 a civil suit was filed by all the four residents against the police commissioner (as a defendant). The civil suit is pending. No 'stay' is granted. Earlier too the police had issued but no further steps were taken against the residents upon their oral reply. However, recently on 25.08.2011 a notice has been issued by the respondent no.3 herein to the petitioner no.1 asking to remove the small houses built up on the land of the police head quarters. Annexed as Annexure: 'B' to this petition is the copy of the notice."
5. Since the petitioner has already preferred civil suit seeking similar relief, the petition does not deserve to be entertained. The petitioner cannot prosecute two remedies at a time. Therefore, present petition is disposed of. The learned Trial Court will consider and decide the civil suit after hearing the parties, in accordance with law.
6. The petition, therefore, is disposed of for the aforesaid reason.
(K.M.THAKER, J.) jani Top
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Mohammad vs State


High Court Of Gujarat

20 June, 2012