ISHWAR DANDUMAL HEMNANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for seeking following main reliefs:

(2.) Brief facts of the case as per the case of the applicant in this application are as such that in the year 1999, the GIDC, Gandhinagar allotted a plot No.5/A, GIDC, Bhat Village, Gandhinagar to one Dipla Hotel Pvt. Ltd. In the year 202, the said plot was not developed and therefore the GIDC took back the possession of the said plot. In the year 2006, action of the GIDC was challenged before the Hon'ble High Court, but the Hon'ble Court dismissed the writ aplication filed by the Dipla Hotel Pvt. Ltd. In the year 2007, LPA No.1030/07 was preferred by the Dipla Hotel Pvt. Ltd., During the pendency of the LPA, matter was settled out of court between GIDC and Dipla Hotel Pvt. Ltd., and possession of the plot was given back by GIDC. Pursuant to this LPA No.1030/2007 came to be withdrawn. Even after this, the said plot was not developed and the same was used by sell and purchase and huge money was in the form of appreciation of land price was made by the owners of Dipla Hotel Pvt. Ltd., by engaging themselves in various irregularities. On 25/7/2016, the applicant brought to the notice such irregularities to GIDC, but GIDC did not take any action. It is further the case of the applicant in this application that on 17/1/2017, this Hon'ble Court passed an order in SCA No.21361/2016 filed by the applicant and directed the GIDC to look into the representation dtd. 25/7/2016 of the applicant. On 2/2/2017, the applicant made another representation to the GIDC along-with a copy of order dtd. 17/1/2017. On 18/2/2017, the GIDC terminated the lease agreement of Dipla Hotel Pvt. Ltd. On 28/2/2017, the Dipla Hotel Pvt. Ltd., of which respondent No.2 is a major share holder, filed a writ aplication against the order dtd. 18/2/2017 being SCA No.5113/2017. On 16/4/2017, the applicant filed Civil Application No. 5529/2017 in SCA No. 5113/2017 seeking permission to be joined as party respondent. The matter is pending before the Hon'ble Court. Furthermore, the company of the applicant herein namely Super Bakers (1) Ltd., had entered into MOU in respect of M/s. Meena Plaza Hotels, Bhat village, Gandhinagar and had paid a sum of Rs.1.00 crore to one Mr. Pitamber Manglani who happens to be partner of the respondent No.2. Said Mr. Manglani, after taking huge amount of Rs.1.00 crore from the applicant, tried to sell the said property to some third party. The applicant raised his objection and also filed various litigations in different courts including this Hon'ble Court and as such number of litigations are pending. Since the respondent No.2 and his business partner namely Mr. Pitamber Manglani developed grudge against the present applicant, respondent No.2 filed a false complaint of extortion and threatening against the applicant. Hence the present application is preferred.

(3.) Heard learned counsel Mr. N.L. Ramnani, representing the applicant, Mr. R.R. Marshall assisted by Mr. Harmish K. Shah, learned counsel, representing the respondent No.2 - complainant and Mr. Soaham Joshi, learned Additional Public Prosecutor (APP), representing the respondent No.1 - State.