PATEL GANESHBHAI MOHANBHAI Applicant(s) Versus STATE OF GUJARAT & 1 Respondent(s) ========================================= Appearance :
MR.YM THAKORE for Applicant(s) : 1, MR JK SHAH ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 18/04/2012 ORAL ORDER Heard learned advocate for the petitioner and it is submitted that complaint impugned is nothing but abuse of process of law inasmuch as the petitioner was declared as tenant in provisions of Section 32G of Bombay Tenancy and Agricultural Land Act as per the order passed by the Mamlatdar and ALT on 5.9.1958 and further before revenue authorities, the complainant lost and against which writ petition is preferred before this Court, in which, no stay is granted and the impugned complaint is filed after a period of about 53 years.
Considering the overall facts as above, at this stage a case is made out and, prima facie, learned Chief Judicial Magistrate, Mehsana, in the order dated 29.3.2012 the notice that the nature of the complaint and the allegations levelled there in are of civil in nature, I am inclined to issue Rule.
SCR.A/1171/2012 2/2 ORDER Learned APP, waives service of rule on behalf of respondent No.1. Adinterim relief in terms of para 18(B) till final disposal of this petition.
Notice as to interim relief returnable on 9.5.2012. Direct service to respondent No.2 is permitted.
[ANANT S. DAVE, J.] //smita//