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2000 Supreme(Guj) 196

Gujarat High Court
Judgename :M.R.CALLA
RANUBHAI BHIKHABHAI BHARWAD (VEKARIA) - Appellant
Versus
STATE - Respondent
S.C.A.6669 of 1999
Decided On : 03/16/2000

Advocates Appeared: A.J.DESAI, B.M.MANGUKIYA, JASHVANT SHAH, R.P.BHATT, YOGESH S.LAKHANI

Headnote:

Gujarat Prevention of Anti-Social Activities Act, 1985 - Section 3 (2) - Special Civil Application - Detention - Petitioner was detained - This order of detention was challenged - Held, In this case, it appears that all these cases are the fall-out of some land disputes between the private parties and similar is the position which appears from the statements with regard to the unregistered cases - In such a situation, these allegations have no direct nexus with the requirements of the dangerous person - The detention order as has been passed clearly disclose that the detaining authority has not addressed itself to the considerations which can be said to be germane and relevant for the purpose of taking the petitioner as a dangerous person from the point of view of threat to the public order so as to cross the limits of the law and order and become a menace and threat to the even tempo of the society - Arguments on the question that it was a case of non-application of mind and the order was passed on irrelevant evidence and that there was delay in deciding his representations and further that the detaining authority had not considered the question with regard to cancellation of bail under Sec. 437 (5) and in support of this ground and that no period of detention has been fixed in the detention order; some cases were also cited - Application is allowed. (Paras 10, 11)

M. R. CALLA, J.

( 1 ) THIS Special Civil Application is directed against the order dated 30th August 1999 passed by the Police Commissioner, Vadodara City, whereby in exercise of powers under Section 3 (2) of the Gujarat Prevention of Anti Social Activities Act, 1985, the petitioner has been ordered to be detained. By yet another order dated 30th August 199, the petitioner was committed to Porbandar Special Jail, Porbandar. The grounds of detention have also been enclosed with the detention order along with other papers.

( 2 ) THE case has a history of litigation of civil as well as criminal nature over land disputes between the petitioner on one side and the respondent no. 4, namely, Mr. Jayesh Dave on the other side. The petitioner has come with the case that the land bearing Survey No. 33 of village Akota admeasuring 14 lakh sq. ft. belongs to Hindustan Earth Movers (Pvt.) Ltd. , a Company registered at Bombay. This Company was registered and incorporated by M/s. Pashabhai Patel and others. It is alleged that the said Company manufactures Tractors and earth moving equipments. This Company became a sick Company and therefore, several disputes arose in respect of the financial dealings of the said Company. It is alleged that the Hindustan Earth Movers (Pvt.) Ltd. . raised the loan from Bank of Baroda and defaulted in the repayment of the same. The Bank of Baroda therefore, failed a suit for recovery of the loan in the Bombay High Court in its original jurisdiction. The suit was decreed and, therefore, the Bank of Baroda moved the Honourable High Court of Bombay for execution of the decree and thereupon the Court receiver was appointed and the possession of the land in question was taken over by the Court receiver. The Director of Hindustan Earth Movers (Pvt.) Ltd. negotiated with the present petitioner and on 5th January 1996, an agreement to sell was sought to be executed. However, the said agreement could not be fully executed and thereafter a tripartite agreement was executed by and between the petitioner and one Mr. Lalit Mohanbhai Patel and the Hindustan Earth Movers (Pvt.) Ltd. on 1st November 1996. It has been further stated that after the execution of the tripartite agreement, a private treaty was recorded between Mr. Lalit Patel, Bank of Baroda and Hindustan Earth Movers (Pvt.) Ltd. which was placed before the Bombay High Court for its approval and as per the order passed by the High Court of Bombay on November 29, 1996, Mr. Lalit Patel was to deposit Rs. 1 crore with the receiver within 15 days. However, the said amount could not be deposited with the Court receiver in time as directed by the Bombay High Court, but said Mr. Lalit Patel deposited Rs. 1 crore with the Court receiver on June 9, 1997 and submitted an application before the Bombay High Court for condonation of delay in making the payment of the deposit. The case of the petitioner is that at this stage, respondent no. 4 namely, Jayesh Dave intervened in the process and settled the dispute between Bank of Baroda and the Hindustan Earth Movers (Pvt.) Ltd. The Bank of Baroda then approached the Bombay High Court for withdrawal of the suit. The withdrawal of the said suit was permitted by the Bombay High Court conditionally, i. e. keeping the right in respect of the aforesaid transaction intact and granted permission to Mr. Lalit Patel to prosecute his rights before the appropriate forum. In this background said Mr. Lalit Patel filed Special Civil Suit No. 692/97 in the Court of Civil Judge, Senior Division , Baroda for specific performance against the Hindustan Earth Movers (Pvt.) Ltd. and others. In the said suit, Mr. Lalit Patel submitted an application for interim relief at Exh. 5. The said application filed by Mr. Lalit Patel was dismissed by learned Civil Judge, Senior Division, Baroda, by his order dated 5th March 1998. Aggrieved from this order passed by the Civil Judge, Senior Division, Baroda, Mr. Lalit Patel preferred an Appeal from Order No. 141 of













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