Dhanjibhai Gordhanbhai ... vs Anju Sharma, Ias
2021 Latest Caselaw 258 Guj

        C/MCA/349/2020                                     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. 349 of 2020
         In R/SPECIAL CIVIL APPLICATION NO. 20582 of 2018
==========================================================

DHANJIBHAI GORDHANBHAI DUDHELIYA Versus ANJU SHARMA, IAS ========================================================== Appearance:

for the PETITIONER(s) No. MR VAIBHAV A VYAS for the PETITIONER(s) No. ========================================================== 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. 349 of 2020, and (B) ..."

2. The order passed by this Court on 23.06.2020 in Misc. Civil Application No. 349 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 contained in para-6, issued by this court in the judgement and order dated 18.10.2019 passed in Special Civil Application No. 20582 of 2018, is alleged.

           2.        When    the       matter      came         up         for





 C/MCA/349/2020                             IA ORDER



   consideration   today,   learned    Assistant

Government Pleader Mr. Bhargav Pandya stated that the State has preferred against the aforementioned order the Letters Patent Appeal No. F/13081/2020.

3. In view of the above development, we do not propose to exercise jurisdiction under the Contempt of Courts Act, 1971 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 two weeks thereafter.

5. The present application stands disposed of."

3. It appears that the Letters Patent Appeal No. 386 of 2020, arising from the Special Civil Application No. 20582 of 2018 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 the 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 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

C/MCA/349/2020 IA ORDER

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 Misc. Civil Application No. 349 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/-