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SCA/9161/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9161 of 2010
=========================================
BABUBHAI
MERVANBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
=========================================
Appearance
:
MR NAYAN D
PAREKH for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/08/2010
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of Constitution of
India, petitioner Babubhai Mervanbhai Patel has prayed for an
appropriate writ, direction or order quashing and setting aside the
impugned judgment and order dated 24.09.2009 passed by the Gujarat
Revenue Tribunal in Revision Application No.TEN/BS/10/1998.
2. In
the present petition, petitioner on affidavit in para 6 has stated
that petitioner has not filed any other proceedings before any other
Court in India for the subject matter of this petition. However, it
is found that the very petitioner had earlier challenged the very
impugned order passed by the Gujarat Revenue Tribunal dated
24.09.2009 in Revision Application No.10/1998 before this Court by
way of Special Civil Application No.13154/2009 and this Court
dismissed the said Special Civil Application and merits vide judgment
and order dated 16.12.2009, without disclosing the aforesaid facts in
the petition and by making false statement that no other petition on
the subject matter is filed, petitioner has preferred the present
Special Civil Application as if it is a fresh petition and the
impugned order passed by the Gujarat Revenue Tribunal is challenged
before this Court for the first time. Thus, petitioner has made a
false statement on affidavit and therefore, it prima facie appears
that petitioner is liable to be prosecuted for forgery and making
false statement on affidavit and not disclosing the correct facts
before this Court.
3. Under
the circumstances, Registry is directed to issue Notice upon
the petitioner making it returnable on 18th
August 2010 and petitioner is
hereby called upon to show cause why appropriate proceedings for
forgery and making false statement on affidavit shall not be taken
against him. This order and the present notice be communicated by
Shri Nayan Parekh, learned advocate appearing on behalf of the
petitioner, to the petitioner. Direct service is permitted to the
petitioner.
To
be placed in 11 a.m. board.
(M.R.
Shah, J.)
*menon
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