ABDUL KARIM HAJI ZAVERI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is an appeal against the order dated 17.10.2003 of the learned Single Judge dismissing the appellant-petitioner's Misc. Civil Application under Section 340 read with Section 195(1)(b)(i) of the Code of Criminal Procedure, 1973 with a prayer to order an inquiry into the falsity of the affidavit filed by respondent No.3 herein in the course of Special Civil Application No.11207 of 2002. The appeal purports to be under Section 341 of the Code of Criminal Procedure, 1973 and also under Clause 15 of the Letters Patent.

(2.) A dispute had arisen between the appellant and the respondent regarding the ownership of the wreckage of ship which was wrecked off Porbandar coast in Indian Territorial Waters in 1897 AD. The District Collector, Junagadh had passed order dated 22.1.1992 permitting respondent No.3 to recover the said wreckage. The appellant filed Special Civil Application No.11207 of 2002 for challenging the above order dated 22.1.1992.

(3.) The above petition came to be dismissed by the learned Single Judge on the ground that the petition suffered from gross delay of ten years. The Division Bench also dismissed Letters Patent Appeal No.386 of 2003 on the same ground and also gave certain additional reasons including involvement of highly disputed questions of fact in a petition under Article 226 of the Constitution and thereafter the Division Bench also made a reference to para 12 of the affidavit filed by respondent No.3 regarding the loan granted to respondent No.3.