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Judgment
A.S. Supehia, J
The present petition is filed for quashing and setting aside the order of detention, which is passed by the respondent No.2 in exercise of power under Sub-section (2) of Section 3 of Gujarat Prevention of Anti-Social Activities Act, 1985(PASA).
learned advocate Ms.Ratna Dubey for learned advocate Mr.Jadeja has invited attention of this Court to the averments made in the writ petition more particularly, paragraph No.5 and has submitted that the order of detention is already passed by the respondent No.2 and the petitioner is apprehending his arrest and hence, the same may be quashed.
Per contra, learned AGP has forwarded a communication of the Police Inspector, Warasiya Police Station, Vadodara city, Dist.Vadodara dated 28.07.2023, wherein it is stated as on today, even no proposal is received hence, there is no question of passing such order. The said communication is ordered to be taken on record.
Learned AGP has requested for imposing appropriate cost for making false and incorrect statement.
As noticed hereinabove, it is not in dispute that as on today even no proposal is received by the respondent authority for passing the detention order against the applicant hence, false and incorrect statement has been made.
Under the circumstances, the present writ petition is rejected with a cost of Rs.10,000/-, which shall be deposited before the Gujarat State Legal Services Authority within a period of two weeks from the date of receipt of copy of writ of this order. If the cost is not deposited within a period of two weeks, Registry shall issue the recovery certificate and recover the same by way of land revenue from the petitioner.