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2014 DIGILAW 288 (MP)

Mukesh Garg v. State of M. P.

2014-03-12

G.D.SAXENA, S.K.GANGELE

body2014
ORDER Gangele, J. 1. This PIL has been filed for the following reliefs :- (1) That the order Annexure P-8 passed by this Hon'ble Court may kindly be recalled/quashed as the same is based on misrepresentation of facts and suppression of the documents and as such the same is vitiated in the eyes of law. (2) That it may be held that the judgment dated 14.10.1974 (Annexure P/4) is only in respect of the declaration of the land measuring 350×100 sq. ft. and not in respect of the total and of survey No.1556, 1557 and 1560 and that too being obtained by playing fraud over the Court therefor a nullity and respondent No.3 do not acquire any right over this land by virtue of judgment and degree which has been by fraud. (3) Or any other relief which this Hon'ble Court deemed fit under the above facts and circumstances of the case may kindly be granted, in the interest of justice. 2. From the reliefs quoted by the petitioner in this PIL, it is clear that the petitioner wants quashment of the order dated 7.3.2011 passed by this Court in W.P.No.36/2010. 3. Against the aforesaid order, a writ appeal was filed before the Division Bench of this Court, which was registered as W.A.No.475/2011. The Division Bench dismissed the writ appeal vide order dated 18.10.2011. The State also filed a review petition for review of the order dated 7.3.2011 passed in W.P.No.36/2010. This Court dismissed the aforesaid review petition with the liberty to the State to file writ appeal. M.P.State Cooperative Marketing Federation also filed a review petition for review of the same order dated 7.3.2011. It was registered as R.P.No.100/2011, that was also dismissed vide order dated 16.5.2011. A writ appeal bearing W.A.No.139/2013 was also filed, that was also dismissed vide order dated 13.9.2013. Against the order dated 18.10.2011 passed in W.A.No.475/2011, an SLP was filed before the Hon’ble Supreme Court, which was registered as SLP (Civil) No.10920/2011. Hon’ble Supreme Court vide order dated 19.7.2012 dismissed the aforesaid SLP. 4. Now the petitioner again filed this PIL for quashment of the order dated 7.3.2011 passed in W.P.No.36/2010 (Annexure P/8). The aforesaid order has been affirmed by the Division Bench and by the Hon’ble Supreme Court. Review petitions have also been dismissed. Hon’ble Supreme Court vide order dated 19.7.2012 dismissed the aforesaid SLP. 4. Now the petitioner again filed this PIL for quashment of the order dated 7.3.2011 passed in W.P.No.36/2010 (Annexure P/8). The aforesaid order has been affirmed by the Division Bench and by the Hon’ble Supreme Court. Review petitions have also been dismissed. The petitioner also wants clarification of Annexure P/4, which is the judgment dated 14th October 1974 passed in Civil Suit No.29A/1973. Against the aforesaid judgment, a civil appeal bearing Civil Appeal No.145A/1977 was filed, which was dismissed vide judgment dated 31.3.1979. A Second Appeal was filed against the aforesaid judgment, that was also dismissed. 5. From the aforesaid facts of the case, it is clear that this PIL is not at all maintainable. It is a vexatious litigation and in our opinion, this petition has been filed with oblique motive. Such types of petitions could not be entertained. In spite of that, the counsel has argued at some length of time. It is a sheer wastage of time of the Court. It is the duty of the Court to award heavy costs against such type of litigants so the precious time of the Court could not be wasted. 6. Consequently, the petition is dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand). The costs shall be paid to the Legal Aid Committee of the High Court Gwalior and if the petitioner fails to deposit the costs within a period of six weeks from today, office shall register proceeding of contempt of Court against the petitioner. 7. With the aforesaid direction, this petition is dismissed.