Gujarat High Court
Anantkumar Naredrasinh Rajguru vs Anju Sharma, Ias on 8 January, 2021
Bench: Sonia Gokani, N.V.Anjaria
C/MCA/350/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1 of 2020
In R/MISC. CIVIL APPLICATION NO. 350 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 5936 of 2019
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ANANTKUMAR NAREDRASINH RAJGURU
Versus
ANJU SHARMA, IAS
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Appearance:
MR VAIBHAV A VYAS for the PETITIONER(s) No.
for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 08/01/2021
IA ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This Court passed following order on 18.12.2020:
1. The applicant-original petitioner is
before this Court, seeking following
prayers:
"7. ...
(A) Revive the above referred Contempt
Petition being Misc. Civil Application No.
350 of 2020, and
(B) ..."
2. The order passed by this Court on
25.06.2020 in Misc. Civil Application No.
350 of 2020, reads thus:
"1. In this application filed under section
10 of the Contempt of Courts Act, 1971,
noncompliance of the directions more
particularly in para-6 issued by this court
in order dated 19.12.2019 passed in Special
Civil Application No. 5936 of 2019, is
C/MCA/350/2020 IA ORDER
alleged.
2. When the matter came up for
consideration today, learned Assistant
Government Pleader Ms. Jyoti Bhatt stated
that the State has preferred against the
aforementioned order the Letters Patent
Appeal No.
F/13228/2020.
3. In view of the above development, we do
not propose to exercise our contempt
jurisdiction at this stage.
4. However, we observe and direct that the
appellant State shall take appropriate steps
to remove office objections within two
weeks. On its failure to do so, it would be
open for the applicant to revive the present
contempt petition within two weeks
thereafter. 5. The present application
stands disposed of."
3. It appears that the Letters Patent
Appeal No. 385 of 2020, arising from the
Special Civil Application No. 5936 of 2019
came to be decided by this Court (Coram: Mr.
Vikram Nath, C.J., Mr. J.B. Pardiwala, J.),
whereby, the same was not entertained and
came to be dismissed on 14.10.2020.
4. According to the learned Advocate, Mr.
Vyas, appearing for the applicant-original
petitioner, his case is based on the
decision of this Court in Special Civil
Application No. 19042 of 2017, Dated:
07.05.2019, and the LPA arising from the
said decision is Letters Patent Appeal No.
1748 of 2019, which was dismissed on
22.10.2019 by the Division Bench by a
detailed judgment. The opponent-State
challenged the same before the Apex Court by
C/MCA/350/2020 IA ORDER
way of SLP No. 18929 of 2020, where, the
Apex Court did not entertain the said SLP
and dismissed the same on 29.10.2020.
5. According to the learned Advocate, Mr.
Vyas, after the dismissal of the LPA in case
of the very applicant, he has reiterated the
request of compliance of the directions of
this Court contained in the judgment and
order of this Court in Special Civil
Application No. 20582 of 2018.
6. NOTICE, returnable on 8TH JANUARY,
2021. Learned AGP waives service of notice
for the respondent-State.
6. In the meantime, let the COMPLIANCE be
made on, or before, the returnable date, if,
not already done, UNLESS the State has
challenged the said judgment and order and
has obtained stay."
2. Today, learned Advocate, Mr. Vyas, and the learned AGP have
been heard. There is no compliance, till date. As was stated last time,
learned AGP submits that SLP is being contemplated against the
judgment and order of the Division Bench of this Court.
3. As mentioned in Paragraph-4 of the order of this Court dated
18.12.2020 and also considering the fact that there has been no
compliance, till date, of the directions issued by this Court, in our
opinion this is a fit case for revival.
4. Resultantly, this application is allowed and the main matter being
C/MCA/350/2020 IA ORDER
Misc. Civil Application No. 350 of 2020 is RESTORED to its original file.
Let the same be posted for hearing on 22ND JANUARY, 2021. On the
next date, the matter shall be proceeded with and NO request for
ADJOURNMENT shall be entertained. Rule is made absolute,
accordingly.
(SONIA GOKANI, J)
(N.V.ANJARIA, J)
UMESH/-
