BHAVENDRA H PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties. The relevant prayers made by the petitioners in this Special Civil Application read as under : . . . . . To issue a writ of mandamus, certiorari or any other appropriate writ, direction or order :

(2.) This writ petition is filed after 14 years of the date of the said order. The delay caused in filing of this writ petition has not been explained by the petitioners. Be that as it may. The learned counsel for the respondents raised a preliminary objection that this petition deserves to be dismissed only on the ground of suppression of material facts by the petitioners. The learned counsel for the respondents has given out that all the petitioners filed a civil suit in respect of same relief, i.e., to declare that they are qualified Vaidyas and consequently entitled for the pay scale fixed for the qualified Vaidyas. That civil suit has been decreed by the Civil Judge, S.D., Bhavnagar. Thereafter, the respondents filed Regular Appeal No. 2 of 1978 against the said judgment and decree of the Court below. This appeal was decided by the Extra Assistant Judge, Bhavnagar who allowed the appeal and set aside the judgment and decree of the trial Court. The petitioners herein filed Second Appeal No. 87 of 1982 before this court which is pending. The counsel for the respondents contended that this fact has been suppressed by the petitioners. They have suppressed this fact and were able to get order of issue of Rule in the matter.

(3.) I have given my thoughtful considerations to the submissions made by the learned counsel for the respondents. The learned counsel for the petitioners does not dispute the aforesaid facts. I have called the file of Second Appeal No. 87 of 1982 and I found therefrom that all petitioners are the party in the second appeal. I have gone through the contents of this special civil application. I found therefrom that the petitioners have not disclosed this fact in this Special Civil Application. The learned counsel for the petitioners confronted with this situation has tried to give out explanation that this fact has not been concealed and reference has been made to para-10 of the Special Civil Application. Para-10 of this petition reads as under :