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SCA/25810/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25810 of 2006
With
SPECIAL
CIVIL APPLICATION No. 25811 of 2006
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JABBARBHAI
HAKIMBHAI HASANJI - Petitioner(s)
Versus
ADDITIONAL
DIRECTOR GEOLOGICAL SCIENCE & MINERAL & 2 - Respondent(s)
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Appearance :
MR
RAMNANDAN SINGH for Petitioner(s) : 1,
None
for Respondent(s) : 1, 3,
GOVERNMENT PLEADER for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 12/12/2006
ORAL
ORDER
Upon
hearing Mr. Singh for the petitioner and Mr. Desai, learned AGP,
appearing upon advance copy, it appears that it is not in dispute
that the petitioner has approached to this Court for challenging the
order passed as back as in the year 1999 by preferring the present
petition in the year 2006 and there is a delay operating against the
petitioner.
However
Mr. Singh, learned counsel appearing for the petitioner submitted
that as the criminal case was pending on the alleged ground of
production of false document and the petitioner has been acquitted
only in the year 2006 after the acquittal by the Criminal Court, the
present petition is preferred.
In
my view, such acquittal may have the bearing qua the allegations
against the petitioner and therefore, the cloud at the most can be
said as clear qua the conduct of the petitioner. But therefore, the
delay which is caused throughout cannot be leniently viewed for
pursuing the application, which was initially rejected in the year
1993 and subsequently the appeal came to be rejected in the year
1999. If the petitioner is eligible, he may apply in accordance
with law for the fresh lease, but the application which was earlier
made and disposed of cannot allowed to be reopened.
In
view of the above, Mr. Singh, learned counsel for the petitioner
seeks permission to withdraw the petition with a view to make fresh
application in accordance with law. If fresh application is made,
the ground of pendency of Criminal case or the allegation of bogus
document, which was subject matter of criminal case No. 1314/98
would not operate as a bar to the petitioner in pursuing the
application, if otherwise permissible in law.
(JAYANT
PATEL, J.)
*bjoy
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