The discovery of previously known evidence does not justify a review application if it fails to demonstrate prior diligence, thus maintaining the integrity of legal proceedings.

ORDER :

1. The present Misc. Civil Application is filed for review of an order passed by this Court in Special Civil Application No.13904 of 2014 dated 08.12.2022. By the order sought to be reviewed, the petition filed by the applicant against the order of the G.R.T. in the Revision Application and also a Review Application therein came to be rejected by this Court.

2. The main ground for review application is an order dated 15.03.1969 of learned Mamlatdar and ALT which was available with the petitioner later on and because of which res-judicata would apply. Therefore, all the proceedings thereafter in favour of the respondents herein have to be declared as nullity.

3. The review application inter alia prays that:-

“B. This Hon’ble Court may be pleased to review the judgment dated 08.12.2022 passed by this Hon’ble Court in Special Civil Application No.13904 of 2014, and further may be pleased to issue a writ of certiorari and/or a writ in the nature of certiorari and/or any other appropriate writ/order/direction, quashing and setting aside (i) the order dated 30/4/1993 passed by the Ld. Mamlatdar & ALT, determining the purchase price of the Lands bearing Survey No.830 and 839; (ii) the order dated 22.03.1995, passed by the Ld. Dy. Collector (L.R.) in Appeal No.130/1993 and (iii) the order dated 22.11.2011 passed by the Ld. Gujarat Revenue Tribunal in Revision Application No.TEN/BA/298/95, along with the order dated 05.07.2012 passed by the Ld. Tribunal in Review Application No.05 of 2012;”

4. The Special Civil Application No.13904 of 2014 was filed with following reliefs:-

“(A) Your Lordships be graciously pleased to admit and allow this petition and be further pleased to quash and set aside the impugned order Annex. H dtd. 30/4/93, Annex. I dated 22/3/1995, Annex, J dated 22/11/2011 and Annex. N dated 5^th July, 2012, in the interest of justice and an appropriate writ, direction or order be directed to be issued to the respondents in that behalf.

(B) Consequently it be held that the order darted 15/3/69 has attained finality Under Sec. 32-0 and therefore, all subsequent orders passed Under Sec. 70(B) are without jurisdiction and not enforceable against the petitioners in the interest of justice.

(C) Any other order or orders as deemed just be also passed.

(D) Pending admission, hearing and final disposal of ‘this petition, Your Lordships be graciously pleased to stay the execution and implementation of the impugned orders dated 30/4/93, 22/3/95, 22/11/11 and 5/7/12 at Annex. H, I, J and W respectively in the interest of justice and an appropriate writ, direction or order be directed to be issued to the respondents in that behalf.”

5. The order dated 08.12.2022 in Special Civil Application No.13904 of 2014 was challenged before the Apex Court in Special Leave Petition No.13595 of 2023, which was disposed of vide order dated 17.07.2023 as under:-

“1. Learned Senior Counsel for the petitioners seeks and is permitted to withdraw this Special Leave Petition as the petitioners want to move an appropriate application before the High Court along with the certified copy of order dated 15.03.1969, passed by the Additional Mamlatdar and Agricultural Lands Tribunal, City and Daskroi Taluka, Ahmedabad.

2. Permission as prayed for, is granted.

3. The Special Leave Petition is, accordingly, dismissed as withdrawn.

4. We make it clear that we have not expressed any opinion on the merits of the case.”

6. The applicants filed Special Civil Application No.16692 of 2023 before this Court, which was also withdrawn without expressing anything on merit by an order dated 25.09.2023. Thereafter, the present application is filed.

7. Learned advo