( 1 ) IN special civil application No. 8261 of 2000, learned advocate Mr. Rao has appeared for the petitioner and Ms. Punani, learned AGP has appeared for the respondent authorities and Mr. Patel has appeared for the other respondents. In Civil Application No. 7095 of 2000, learned advocate Mr. Patel has appeared for the applicant whereas Mr. Rao has appeared for the respondent-original petitioner and Ms. Punani has appeared for the respondent authorities.

( 2 ) IN remaining two petitions namely special civil application Nos. 8271 of 2000 and 9228 of 2000, learned advocate Mr. KK Trivedi is appearing for the petitioners.

( 3 ) THIS group of three petitions involves identical questions of fact and law and civil application No. 7095 of 2000 is arising out of special civil application NO. 8261 of 2000 and, therefore, they are decided and disposed of by this common judgment.

( 4 ) CIVIL Application NO. 7095 of 2000 has been filed by the applicant who is the original respondent No. 4 in special civil application no. 8261 of 2000 for vacation of the interim relief granted by this court in the main petition wherein the original petitioner Manibhai Vashrambhai Thakkar has filed the affidavit in reply.

( 5 ) IN special civil application No. 8261 of 2000, respondent NO. 4 has filed affidavit in reply through one Rajendra Gordhanbhai Patel who is the Vice President of respondent No. 4 namely the Karamsad Bandhu Samaj which shall, hereinafter, be referred to as "the Samaj" for the sake of brevity. Against the said affidavit in reply filed by the respondent Samaj, the petitioner has also filed affidavit in rejoinder. No affidavit in reply has been filed by the respondent authorities in this petition.

( 6 ) IN special civil application no. 8261 of 2000, rule has been issued by this court on 27th July, 2000 and while issuing rule thereon, interim relief has also been granted by this court.

( 7 ) SPECIAL Civil Application Nos. 8271 of 2000 as well as 9228 of 2000 are at admission stage. Today, with the consent of the learned advocates for the parties, all these petitions have been taken up for final disposal.

( 8 ) SPECIAL civil application No. 8261 of 2000 and special civil application no. 8271 of 2000 has been filed by Manibhai Vashram Thakkar and special civil application no. 9228 of 200 has been filed by Dilipbhai Manibhai Thakkar and Keyur Manibhai Thakkar and Manibhai Vashram Thakkar, two sons and father.

( 9 ) IN light of the facts that all the three petitions have been filed by the father and sons on the same cause of action and same subject matter. In special civil application No. 8261 of 2000, the petitioner has prayed for quashing and setting aside the order passed by the Government on 17th May, 2000 allotting the land to the private party which is contrary to the Governments own resolution dated 15th April, 1999 and also against the objects of the Repeal Act,1999 and for declaring that the action of the Government is arbitrary. It is also necessary to mention one important aspect of this petition that in para 12 of the petition, the petitioner has made the following averments :"12. THE petitioner submits that the petitioner has not filed any other application or petition with regard to the subject matter of this petition on any other court of law, including the Honble Supreme Court of India, except what is stated hereinabove. "

( 10 ) THOUGH the petitioner has made such a statement in para 12 of the petition quoted hereinabove, the petitioner has not disclosed the fact that the civil suit has been filed by the petitioner before the civil court at Baroda being special civil suit no. 996 of 2000 filed on 24. 6. 2000. It is also necessary to note at this stage the civil suit filed by respondent No. 4 Samaj being special civil suit No. 585 of 2000 dated 30. 6. 2000 is also known to the petitioner and at the time of filing of the present petition, the petitioner was well aware of the said proceedings before the civil cou