1. The petitioner has annexed a copy of affidavit purportedly filed by the Principal Secretary, Tribal Development Department in other proceedings, i.e. SCA No.11817/2005. The said affidavit is annexed to the affidavit made by the petitioner on 28.8.2012 and the said affidavit with the annexure is filed in present petition.
2. Mr.
Yagnik, learned AGP has submitted that reply affidavit filed in some other proceedings cannot be relied on / cannot be filed in present proceedings. The grievance made by learned AGP is justified, more so as the affidavit is placed on record without prior permission of the Court.
3. In that view of the matter, Mr. Shah, learned advocate for the petitioner has submitted that the petitioner may be permitted to move separate application seeking permission of the Court to place on record the said reply affidavit filed in SCA No.11817/2005 and until the said application is heard and decided, affidavit-in-reply filed by Mr.P.N.Roy Chowdhury, Principal Secretary, Tribal Development Department in SCA No.11817/2005 (which is annexed to the petitioner's affidavit dated 28.8.2012) may not be taken into account.
4. In view of the said submission and request, with the clarification that affidavit-in-reply made by Mr.P.N.Roy Chowdhury, Principal Secretary, Tribal Development Department in SCA No.11817/2005 will be ignored and it will be open to the petitioner to move appropriate application seeking direction to rely on evidence, i.e. affidavit-in-reply said to have been filed in SCA No.11817/2005 in due course.
5. So as to enable the petitioner to move appropriate application, present proceedings are adjourned. S.O. to 24.9.2012.
If any ad-interim relief is already granted and if it is in operation as of now, the same will stand extended until the next date.
(K.M.
Thaker, J.) Bharat*