Jayantiji Chuthaji Thakor vs State Of Gujarat
2023 Latest Caselaw 8611 Guj

Gujarat High Court

Jayantiji Chuthaji Thakor vs State Of Gujarat on 12 December, 2023

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                 NEUTRAL CITATION




     R/SCR.A/15980/2023                            ORDER DATED: 12/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION (FOR CHALLENGING
                VIRES/ULTRA VIRES) NO. 15980 of 2023

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                          JAYANTIJI CHUTHAJI THAKOR
                                     Versus
                              STATE OF GUJARAT
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Appearance:
MR DHARMESH R PATEL(5592) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 2,3
MR KM ANTANI APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                               Date : 12/12/2023
                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

This is a second writ petition which has been

filed on misconceived ground on the premise that the

correct factual position with regard to the challenge

to the sale deed dated 18.8.2011 could not be brought

before the Court at the time of dismissal of the

first writ petition vide judgment and order dated

3.11.2023.

2. In the instant writ petition, it is sought to be

stated that a civil suit No.12 of 2022 has been filed

challenging the sale deed which is pending before the

competent Court at Kadi.

NEUTRAL CITATION

R/SCR.A/15980/2023 ORDER DATED: 12/12/2023

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3. The fact remains that the petitioners herein are

the sellers of the land in question who had executed

a sale deed dated 18.8.2011, which is a registered

sale deed. The contention in the writ petition is

that the petitioners have not handed over the

possession of the land in question to the purchaser

as the sale consideration has not been paid to them

till date cannot be entertained for the mere fact

that a civil suit for cancellation of the sale deed

has been filed after a period of 11 years. Be that as

it may, at the time of hearing of the first writ

petition, a pointed query was made to the learned

counsel for the petitioners and the fact of pendency

of the civil suit has not been brought on record. In

any case, this fact does not improve the position of

the petitioners to provide liberty to them to

institute the second writ petition on the premise

that correct facts were not intimated to the learned

counsel appearing on their behalf. The present writ

petition is, thus, found to be a misconceived writ

petition.

NEUTRAL CITATION

R/SCR.A/15980/2023 ORDER DATED: 12/12/2023

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4. However, before parting with this order, we are

of the considered opinion that the petitioners are

liable to pay costs for filing repeated petitions in

this Court with incomplete facts. The present

petition is, therefore, disposed of with the cost of

Rs.10,000/- which shall be deposited by the

petitioners before the Registrar General, High Court

of Gujarat, within a period of three weeks from

today, failing with, the same shall be recovered as

arrears of land revenue.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN