MADHUSUDAN BHANUPRASAD PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is really painful that dishonesty is the order of the day. But then, there has to be a limit to everything, including that of obtaining orders from the Court by suppressing material facts and misrepresenting the facts by twisting them so as to see that the same suits the appellant -original petitioner.

(2.) The present appellant - Shri Madhusudan Bhanuprasad Pandya, describing himself as representing M/s.General Cement Pipes Co. -, is before this Court being aggrieved by judgment and order dated 07.07.2005 passed by the learned Single Judge in Special Civil Application No.9057 of 1998.

(3.) The facts of the case are not only long but are deliberately so presented by the learned Advocate for the appellant -original petitioner that, if possible, the Court gets confused in the facts of the case and passes an order as he was able to procure in earlier proceedings being Special Civil Application No.1584 of 1998. The case of the appellant is that the appellant is a tenant of land bearing city survey No.288/4 of mouje Chandlodiya, Taluka, City, District Ahmedabad, admeasuring 5160 sq. mtr. and he is running cement pipes factory. The appellant -original petitioner has taken this land on lease from late Shri Shivabhai Somabhai Patel. It is the case of the appellant -original petitioner that it was prior to Urban Land Ceiling Act (hereinafter referred to as "the Act") coming into force that the appellant filled in form No.1 before the Authorities as required under Section 6(1) of the said Act on 12.09.1976, as mentioned in the order passed by the Competent Officer and Additional Collector. Interestingly, that form came to be adjudicated by the competent Authority and the competent Authority declared land admesuring 4160 sq. mtr. as excess vacant land by order dated 26.08.1985. The order of the competent Authority was taken in appeal before the Urban Land Tribunal by filing Appeal No.Ahmedabad -155 of 1990 and the Tribunal dismissed the appeal by judgment and order dated 31.12.1990, a copy of which is produced at Annexure -B to SCA No.9057 of 1998. It will not be inappropriate to mention here that this order of the Tribunal dated 31.12.1990 is never challenged by the appellant -original petitioner.