Navalsing Bhagabhai Bhabhor ... vs Range Forest Officer, S D Patel
2021 Latest Caselaw 1053 Guj

           C/MCA/132/2020                                    IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1 of 2021
             In R/MISC. CIVIL APPLICATION NO. 132 of 2020
           In R/SPECIAL CIVIL APPLICATION NO. 135 of 2019
==========================================================

NAVALSING BHAGABHAI BHABHOR SINCE DCED THROUGH SEEMABEN WD/O NAVALSING BHABHOR Versus RANGE FOREST OFFICER, S D PATEL ========================================================== Appearance:

MR DIPAK R DAVE for the PETITIONER(s) No. for the RESPONDENT(s) No. MR JAYNEEL PARIKH, GOVERNMENT PLEADER for the RESPONDENT(s) No.

========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 22/01/2021

IA ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

Rule. Learned AGP waives service of rule for the respondent- State.

1. The applicant is the original petitioner in the contempt petition, being Misc. Civil Application No. 132 of 2020, which came to be disposed of by this Court vide order dated 24.08.2020, which reads thus:

"The present Miscellaneous Civil Application for contempt is addressed on account of noncompliance of the directions issued by learned single judge in order dated 22nd August, 2019 passed in Special Civil Application No.135 of 2019,

C/MCA/132/2020 IA ORDER

whereunder the applicant- petitioner is required to be granted the pensionary benefits and other service benefits under the government Resolution dated 17th October, 1988. The exercise was to be completed within a period of six weeks from the date of receipt of copy of the said order.

2. Learned Assistant Government Pleader Mr.Hardik Mehta, however, submits that the State has filed against the aforementioned order of learned single judge the Letters Patent Appeal No.F/8475/2020 and that the order is being tested before the higher forum. On the other hand, learned advocate Mr.Dipak Dave for the applicant submitted that the issue has been settled finally upto the Apex Court. In the contempt jurisdiction, it is not possible to advert to the merit aspect.

3. Since the Letters Patent Appeal is already filed, we deem it appropriate to permit the State to pursue its Letters Patent Appeal, however, direct that the State shall complete necessary formalities in its Letters Patent Appeal and obtain appropriate orders within a period of six weeks, else comply with the directions.

4. The applicant is at liberty to revive the present application if the State fails to obtain necessary orders within the time stipulated as above.

5. This application stands disposed of in the terms aforesaid."

2. It is the say of the applicant that the Letters Patent Appeal (F) No. 8475 of 2020 came to be dismissed by the Division Bench on 11.09.2020, on the ground that the same lacked merits. While so doing, the Division Bench directed the compliance of the judgment and order passed by the learned Single Judge within ten weeks. However, the same has not been complied with, till date. Hence, the present

C/MCA/132/2020 IA ORDER

application, seeking following reliefs:

"10. ...

(A) This application may kindly be allowed and admited with heavy cost upon the respondents;

(B) this Hon'ble Court may be pleased to revive the contempt petition being Misc. Civil Application No. 132 of 2020 for further directions in the matter;

(C) The opponents may be punished for committing contempt of the order dated 24.08.2020 passed in MCA No. 132/2020.

(D) ..."

3. Learned AGP, Mr. Parikh, appearing for the respondent-

authorities has urged that they have received the permission to prefer SLP before the Apex Court in this matter, recently, and therefore, there is non-compliance.

4. Having heard both the sides and noticing the fact that the time stipulated by the Division Bench, while disposing of the LPA, is long over so also the period of limitation to approach the Apex Court, against the judgment and order of the learned Single Judge. Therefore, the request for revival deserves to be acceded to.

5. Resultantly, this application is ALLOWED and the MCA No. 132 of 2020 is REVIVED. Further, respondent-State authorities to pay the costs of Rs.25,000/- to the applicants within the period of TWO WEEKS, from the date of receipt of a copy of this order. Rule is made absolute.

                                                    (SONIA GOKANI, J)






             C/MCA/132/2020                                    IA ORDER




                                                        (N.V.ANJARIA, J)

                             FURTHER ORDER

6. After the passing of the aforesaid order, learned AGP, Ms. Ashwariya Gupa, joined learned AGP, Mr. Parikh, to make a request that the order be NOT SIGNED for the next forty eight hours. They also, fervently, made a request not to impose costs, with a further plea that the State shall make endeavor to DEPOSIT the entire amount and the statement to that effect shall be made on 25.01.2021.

7. So far as the aspect of costs is concerned, the same shall also be decided on the next date. S.O. to 25TH JANUARY, 2021.

(SONIA GOKANI, J)

(N.V.ANJARIA, J) UMESH/-