Gujarat High Court
Mujahid Nafees vs State Of Gujarat on 15 September, 2023
Bench: Aniruddha P. Mayee
NEUTRAL CITATION
C/WPPIL/67/2023 ORDER DATED: 15/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 67 of 2023
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MUJAHID NAFEES
Versus
STATE OF GUJARAT
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Appearance:
MR KR KOSHTI(1092) for the Applicant(s) No. 1
for the Opponent(s) No. 2
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Opponent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 15/09/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. Draft amendment is allowed. Necessary incorporation be
made.
2. This is a wholly misconceived Public Interest Litigation
filed by the petitioner herein for the same relief, for which
earlier Writ Petition (PIL) No.73 of 2021 had been filed and has
been dismissed as withdrawn vide judgment and order dated
21.6.2021 on the statement made by the learned counsel who
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C/WPPIL/67/2023 ORDER DATED: 15/09/2023
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has filed the instant petition as well.
3. A perusal of the judgment and order dated 21.6.2021
passed by this Court in the previous petition indicates that while
dismissing the Writ Petition (PIL) as withdrawn, no liberty was
granted to the petitioner to file another petition.
4. In the draft amendment filed today, it is sought to be
submitted that after dismissal of the previous Writ Petition (PIL)
No.73 of 2021, the petitioner could lay his hands on some more
documents, which he procured by filing RTI application after
dismissal of the said petition as withdrawn.
5. The reliefs prayed for in the previous petition are relevant
to be noted hereunder:
"(B) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate
writ/order/direction and to hold that the
discriminatory use of public funds of Ahmedabad
Municipal Corporation for the maintenance,
change and regulation of places for the disposal of
the dead in favour of a single religious community
is violative of Section 63 (11) of the Gujarat
Municipal Corporation Act, 1949 and also of
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C/WPPIL/67/2023 ORDER DATED: 15/09/2023
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Article 14, 15, and 227 of the Constitution of India.
(C) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate
writ/order/direction to quash and set aside the
action for not providing any burial places for
disposal of dead of other religious minority
communicates except those who are following
Hindu Culture/Hindu religion."
6. No plausible explanation could be given by the learned
counsel for the petitioner to answer the question raised by the
Court as to how the second petition for the same cause of action
can be maintained when the petitioner himself had withdrawn
the previous one without any liberty.
7. From the statement made in the draft amendment, it is
more than evident that the petitioner is a busy body and is
trying to raise the same issue under the cover of new
information received by him by getting information under the
Right to Information Act. The act of the petitioner in filing the
instant petition is nothing but an abuse of process of law. For
wasting the precious judicial time of this Court, we are of the
view that the present petition is liable to be dismissed with costs
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C/WPPIL/67/2023 ORDER DATED: 15/09/2023
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of Rs.10,000/- (Rupees Ten Thousand only), which shall be
deposited by the petitioner within a period of three weeks to
before the Secretary, Gujarat High Court Legal Services
Committee.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
Bharat
