- (1.) The petitioner, a society is before this Court praying that, "(a) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus directing the respondents Nos. 1 & 2 herein to adhere to the agreement (Annexure-D) dated 30.04.2011 and to part with the amount of Rs . 13,16,02,320/- as stated therein forthwith together with interest at the rate of 12% per annum and issue an account payee cheque in the name of the petitioner society. (b) By appropriate writ, order or direction, this Hon'ble Court be pleased to direct the respondents herein to complete the proceedings u/s 9 and pass further award u/s 11(2) forthwith (c) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court be pleased to direct the respondent No. 2 herein to issue an account payee cheque for an amount of Rs. 13,16,02,320/- together with interest @ 12% from 30.04.2011 till the date of payment (d) Costs of this petition be quantified at Rs. 25,000/- and the same be ordered to be paid to the petitioner."
(2.) It is thereafter, viz . after filing of the petition, GIDC is impleaded as respondent no.8. Respondents no.3 to 6 are added in view of an order dated 04.10.2012 passed in Civil Application No.5395 of 2012 (which was filed by respondent no.3 to 6) to be impleaded as a party- respondent in Special Civil Application Similarly, respondent no.7 is impleaded pursuant to order dated 04.10.2012 passed in Civil Application No.3069 of 2012-the Civil Application filed by respondent no.7 for being impleaded as a party respondent in the petition
(3.) The aforesaid facts of respondents no.3 to 6 on one hand, respondent no.7 on the other and respondent no.8 on yet another become important for the purpose of appreciating the bona fides of the petitioner-society, which approached this Court with the aforesaid prayers. What is important is that it is the case of the society that they entered into an agreement with the GIDC, interestingly, which is not impleaded as a party. What is more strange conduct of the petitioner is that having entered into agreement with the GIDC a petition is filed against respondents no.1 and 2, viz. State of Gujarat and Collector/ Officer on Special Duty, to honour that agreement and not only that the agreement should be honoured but a mandate should be given to pass an award consent award in terms of that agreement;