Gujarat High Court
Maunang Ramanbhai Patel vs State Of Gujarat on 6 December, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/6793/2022 ORDER DATED: 06/12/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6793 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 6795 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 6797 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 6800 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 6802 of 2022
=====================================================
MAUNANG RAMANBHAI PATEL
Versus
STATE OF GUJARAT
=====================================================
Appearance:
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9
for the Respondent(s) No. 2,3
MS MANISHA LAVKUMAR SHAH GOVERNMENT PLEADER WITH MR
SIDDHARTH RAMI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/12/2023
COMMON ORAL ORDER
1. Rule. Learned Assistant Government Pleader Mr.
Siddharth Rami waives service of notice of rule
on behalf of the respondent - State.
2. Heard learned advocate Mr. Vimal Purohit
appearing for the petitioner in each of the
petitions and learned Government Pleader Ms.
Manisha Lavkumar Shah with learned Assistant
Government Pleader Mr. Siddharth Rami appearing
NEUTRAL CITATION
C/SCA/6793/2022 ORDER DATED: 06/12/2023
undefined
for the respondent - State in each of the
petition.
3. At the outset, it was pointed by learned
advocate Mr. Vimal Purohit appearing for the
petitioner that other petitions belonging to
same group being Special Civil Application
No.7081 of 2021 and allied matters are dismissed
by this Court vide judgment dated 5.6.2023 on
the ground of suppression of material facts as
well as on the ground of availability of
alternative remedy. Learned advocate Mr. Purohit
states that as the subject matter of the
petition is almost identical and as these five
petitions are the left out petitions which were
not heard at the time when remaining petitions
were heard. These five petitions are also
covered by the aforesaid judgment, however, he
states that in the instant case, there is no
suppression and therefore, though the
alternative remedy is available to the
petitioner on the ground on which those
petitions were dismissed, these petitions may
follow the judgment in respect of the earlier
group of petitions but may not be dismissed by
incorporating the ground of suppression of
material fact.
4. The aforesaid request about not dismissing the
NEUTRAL CITATION
C/SCA/6793/2022 ORDER DATED: 06/12/2023
undefined
petitions by incorporating the ground of
suppression also is made by learned advocate Mr.
Purohit on the fact that in earlier group of
petitions, the aforesaid facts were not brought
to the notice of the Court, till the matter was
finally heard but today at the outset the
aforesaid facts are disclosed by learned
advocate mr. Vimal Purohit and therefore, the
aspect of suppression is not required to be
incorporated in the present matter though the
matters are identical in nature.
5. The aforesaid fact could not be disputed by
learned Government Pleader assisted by learned
Assistant Government Pleader Mr. Rami. Hence, as
the petition is covered and the same has not
been disputed by either side that these five
petitions forms the part of the group which is
dismissed vide judgment dated 5.6.2023 while
dismissing the Special Civil Application No.7081
of 2021 and allied matter, the present group of
petitions is also required to be dismissed on
the ground of availability of alternative
remedy. However , the ground in respect of
suppression of material fact would not be
applicable in the fact of the case, as the
statement made by learned advocate Mr. Vimal
Purohit appearing for the petitioner which is
not disputed.
NEUTRAL CITATION
C/SCA/6793/2022 ORDER DATED: 06/12/2023
undefined
6. As the issue is covered and there is no dispute
about the same, the petitions are disposed of by
recording the statement of learned advocate Mr.
Vimal Purohit rather than passing a detailed
order. Petition is dismissed as the same is
covered by the judgment dated 5.6.2023 passed in
Special Civil Application No.7081 of 2021 as the
facts are almost identical. Rule is discharged.
(NIRZAR S. DESAI,J)
Pallavi
