- (1.) B. K. Roy and N. S. Gupta, JJ. This order disposes of Civil Misc. Application No. 26648 of 1997 by which a prayer has been made to recall bur order dated 9-4-1997 dismissing Writ Petition No. 8389 of 1985 in which the prayer of the petitioner was to quash the order of his detention dated 29-5-1985 passed by Government of Maharashtra by grant of a writ of certiorari and command the Respondents not to arrest/detain him and/or to pass such order which may be deemed fit and proper in the circumstances of the case.
(2.) THE petitioner asserted, inter alia, that he is a permanent resident of village Suriyawan in the District of Varanasi of our State where he owns his residential house and about 50 Acres of land besides a cold storage, Ice factory, and shops; that he is a peaceful citizen; and that he is a businessman of repute having his business and property in Bombay also which is being earned on by his other partners and Manager; that he is an Income Tax Payee; that he also keeps on visiting Bombay in connection with his business; that there is a political party known as Shiv Sena in the State of Maharashtra which gained majority in the last Elections of the Municipal Corporation, Bombay; that the petitioner is an active worker of All India Congress Party (I); that Shiv Sena launched an agitation that Maharashtra is for Maharashtrians and declared that the North-Indians should vacate Bombay and close down their business establishments in Bombay and in respect of that policy the then Chief Minister of Bombay also gave a similar statement; that the administration of Maharashtra in general and that of Bombay in particular also supports the stand of Shiv Sena; that the influential leaders of Shiv Sena in Bombay forced the local administration to anyhow harrass the petitioner; that the petitioner feeling danger to his life left Bombay for his village on 5-5-1985 and is supervising his business in his village in the State of Uttar Pradesh; that on 18-6-1985 when the petitioner was not at this home in village Suriyawan, District Varanasi, the police officials of P. S. Suriyawan, District Varanasi (Uttar Pradesh) alongwith some other police officials of Bombay came to his house to arrest him on the ground that he is wanted in Bombay; that the petitioner is a permanent resident of the State of Uttar Pradesh and the Respondents are illegally trying to arrest him and unless this Court safeguards the life and liberty of the petitioner, he may be done to death, and hence this writ petition. In the counter affidavit and its supplementary filed on behalf of Respondent Nos. 5 to 9 it has been stated, inter alia, that the petitioner is required under the provisions of Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers and Drug Offenders Act 1981; that the petitioner is a resident of Bombay, where the impugned order of his detention has been passed; that the entire cause of action has arisen within the jurisdiction of High Court of Judicature at Bombay and, therefore, this Court has no jurisdiction to try and entertain this writ petition; that the petitioner has taken his education in Daulat High School, Daulat Nagar, Borivali, East Bombay, has his ration card bearing. No. 545887 which was renewed on 6-5-1981, all his children are taking education in Hemraj School at Borivali, East Bombay; the petitioner has three flour Mills situated at Borivali; that his name appears in the Electoral roll of the year 1983 of the Municipal Election Ward No. 128 Dashisar, and this, it is clear that he is a permanent resident of Dashisar, Bombay, who is involved in several criminal cases at Bombay, that it is denied that he is a business man of Uttar Pradesh or a permanent resident of village Suriyawan, District Varanasi, Uttar Pradesh though he sometimes visits Varanasi also; that the petitioner is a hardened criminal wanted in several criminal cases and such a person can hardly be member of the Congress (I) party; that Shiv Sena has not launched any move as asserted by him and the entire assertion is false; that no influential leader of Shiv Sena ever force to arrest the petitioner and never lodged any complaint with the police; that Shiv Sena has not started any agitation in Bombay against the people of North-India; that the petitioner is a slumlord, as defined under the Act aforementioned, and his detention order was rightly passed, who, however, slipped away from the territory of the State of Maharashtra and hence in order to avoid his arrest has created false pleas; that there is no danger to the life, liberty or property of the petitioner, and that only to avoid his arrest he had come up with false allegations. We had dismissed the writ petition vide our order dated 9-4-1997. The relevant part of our order reads thus: ". . . . . . Sr L. K. Dwivedi, learned Counsel appearing on behalf of the petitioner prays to adjourn this case on following grounds: (i) This case was filed through Sri N. C. Upadhyay who is no more. The other Counsel through whom this writ petition was filed, namely, Sri K. C. Agarwal is also no more. Thereafter Sri Bahuguna was engaged but he was elevated to the Bench and thereafter transferred to Bombay High Court hence there is no one to argue this case, (ii) A letter by registered post was sent to the petitioner to give him instructions so that he could argue this case or this case could be argued by anyone else, (iii) The State of Maharashtra filed Transfer petition (Criminal) No. 25 of 1987 before the Supreme Court in which stay was granted by the Supreme Court while hearing an application for ex parte stay. The learned Counsel, however, is not aware as to what happened thereafter but in support of his submission the learned Counsel showed us some papers. In our view none. of the submissions made above have any substance to stand. This case was also filed by Sri L. K. Dwivedi, learned Counsel stands making the motion. Sri N. C. Upadhyay and Sri K. C. Agrawal had died long time back. Sri Bahuguna was elevated long time ago. The worst is that abou A months ago on 8-2-1985 Sri L. K. Dwivedi himself got this case passed over when it was placed on the ground that he is ill, which is apparent from the note dated 8-2-95 which reads thus: "passed over on the illness slip of Mr. L. K. Dwivedi, Adv. " There is nothing on the record or with the learned Counsel for the petitioner to show that the Apex Court finally stayed the further proceedings of this case. In fact had there been any stay, in that event there was no occasion for the learned Counsel for the petitioner to make prayer for adjournment of this case on the ground of illness when it was listed on 8-2-1995. In the aforementioned backdrop we are constrained to reject the prayer for adjournment made by Sri L. K. Dwivedi in this case which is pending under heading for admission for the last 12 years by now. Sri L. K. Dwivedi does not press this writ petition for want of instructions, it is accordingly dismissed. "
(3.) NOW we are requested to exercise our inherent powers to recall the order aforementioned dismissing the writ petition on the grounds, inter alia, that while the petitioner was in Bombay, in connection with his business he received information on 9-4-1997 from the members of family that his case has been dismissed for want of instructions and that he is highly interested in its disposal on merits; that he apprehends that the dismissal of his writ petition may be cashed on by the members of Shiv Sena and he shall be harrassed and detained; that he has been a member of Legislative Council of the State of Maharashtra from 1990 to 1996 and is an active member and leader of Association of North Indians (Uttar Pradeshiya Mahasangh) at Bombay; and that he contacted Sri Sunil Ambwani and engaged him to argue the matter on merits. Mr. Sunil Ambwani, learned Counsel appearing on behalf of the petitioner, yesterday had contended as follows: True it is that this writ petition had remained pending before this Court for about 12 years, the delay in its disposal was caused on account of a transfer petition filed by the State of Maharashtra before the Apex Court in which interim order were passed staying further proceedings of this case, which was ultimately dismissed and thereafter the petitioner not being aware of the fact that his case is going to be listed soon, could not give instructions to his Counsel and it would be in the interest of justice to hear him on merits and dispose of the writ petition accordingly.;