(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) One Radhaben, widow of Vashrambhai Kanjibhai is before this Court, curiously enough filing this petition only against two persons, namely, respondent no.1, Officer on Special Duty, Land Acquisition Unit-1, GIDC, Ahmedabad and respondent no.2-Mamlatdar, Sanand, District Ahmedabad, and after having filed the petition only against these two respondents, a prayer is made as under:
"24(B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by directing the respondents herein and more particularly, the respondent no.1-Office on Special Duty, Land Acquisition, Unit No.1, Gujarat Industrial Development Corporation, Ahmedabad, to pay the remaining compensation to the petitioner and her family members, in respect of the land in question , namely, land bearing survey no.377, admeasuring H.02-60 sq. mtrs., situated at Hirapur village, Taluka Sanand, District Ahmedabad, forthwith, in the interest of justice." (emphasis supplied) In para 24, clauses (C) and (D) prayers are made as under:
"(C) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by directing the respondents herein and more particularly, the respondent no.1 - Officer on Special Duty, Land Acquisition, Unit No.1, Gujarat Industrial Development Corporation, Ahmedabad, to recover the 10% of the total compensation already paid to Bhartiben C. Patel and Bhaveshbhai Gordhanbhai Kakadia and thereafter, to pay the same amount to the petitioner and her family members, along with interest thereon, in respect of the land in question, namely, land bearing survey no.377, admeasuring H.02.60 sq. mtrs., situated ate Hirapur village, Taluka Sanand, Dist. Ahmedabad forthwith, in the interest of justice. (emphasis supplied) (D) Pending admission, hearing and final disposal of this petition, your Lordships may be pleased to direct the respondents herein and more particularly, the respondent no.1 - Officer on Special Duty, Land Acquisition, Unit No.1, Gujarat Industrial Development Corporation, Ahmedabad, not to pay the remaining amount of compensation to Bhartiben C. Patel and Bhaveshbhai Gordhanbhai Kakadia, or any other person, except the present petitioner and her family members, in respect of the land in question, namely, land bearing survey no.377, admeasuring H.02-60 mtrs. situated at Hirapur village, Taluka Sanand, Dist Ahmedabad in the interest of justice. (emphasis supplied)
2. The learned advocate for the petitioner invited attention of the Court to almost all the annexures right from Annexure 'A', viz., page 17, and tried to convince this Court that at the relevant time the petitioner and his family members were the owners of the land in question. In para 6, though Regular Civil Suit No.28 of 2009 pending in the Court of the learned Civil Judge, Sanand is referred to, the petitioner has not mentioned the date of filing of the said suit. The learned advocate for the petitioner submitted that as the memo of the suit (plaint) is annexed, non mentioning of the date of filing of the suit becomes insignificant.
3. The fact that there was a long drawn litigation between the parties on the question of genuineness of the sale deed and in light of the fact that there was a suit pending in the Court, the present petition is found to have been filed to obtain an order from this Court, whereby adverse orders passed against the present petitioner and his family members in other proceedings get nullified.
4. The petition is found to be ill designed inasmuch as the persons against whom relief is sought are not impleaded as respondents, is required to be viewed seriously.
5. After the matter is heard at length the learned advocate for the petitioner seeks permission to withdraw. The Court is of the opinion that if such permission is granted, persons like the present petitioner will be encouraged to file such petitions. Hence leave is refused. The petition is liable to be dismissed. Accordingly the petition is dismissed.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top