State Of Gujarat vs Desai Mittal Baldevbhai
2021 Latest Caselaw 16623 Guj

     C/LPA/644/2021                               ORDER DATED: 22/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/LETTERS PATENT APPEAL NO. 644 of 2021
          In R/SPECIAL CIVIL APPLICATION NO. 11509 of 2017
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/LETTERS PATENT APPEAL NO. 644 of 2021
                                With
              R/LETTERS PATENT APPEAL NO. 643 of 2021
                                  In
             SPECIAL CIVIL APPLICATION NO. 11509 of 2017
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/LETTERS PATENT APPEAL NO. 643 of 2021
                                  In
             SPECIAL CIVIL APPLICATION NO. 11509 of 2017
==========================================================
                         STATE OF GUJARAT
                               Versus
                      DESAI MITTAL BALDEVBHAI
==========================================================
Appearance:
MR KM ANTANI, AGP(1) for the Appellant(s) No. 1
MR PREMAL JOSHI, for the Appellant No.1
MR KB PUJARA(680) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                       Date : 22/10/2021
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Premal Joshi for the appellant Gujarat Public Service Commission in Letters Patent Appeal No.643 of 2021, learned Assistant Government Pleader Mr.KM Antani for the appellant State in Letters Patent Appeal No.644 of 2021 and learned advocate Mr.K.B.Pujara for the respondent- original petitioner in both the appeals, at length.

2. Learned advocates for the parties stated that they argued the appeal finally. They further stated that they do not want to

C/LPA/644/2021 ORDER DATED: 22/10/2021

add or supplement to the pleadings.

3. Reserved for judgment.

4. Learned advocates for the respective parties pointed out that in respect of the common judgment and order of learned Single Judge impugned in the aforementioned two Letters Patent Appeals, the original petitioner had moved Miscellaneous Civil Application No.78 of 2021 under the contempt of Court. The Division Bench of this Court by order dated 1.10.2021 disposed of the said proceedings by observing and directing inter alia as under.

"Having heard learned advocates appearing for the respective parties and having gone through the order passed by learned Single Judge of which non-compliance is alleged, we hereby direct the respondents to comply with the order dated 24.1.2020 passed by learned Single Judge in Special Civil Application No.11509 of 2017 on or before 22.10.2021, unless any prohibitory order is passed by the Division Bench in the Letters Patent Appeal preferred at the instance of the respondents. It is made clear that if the order of learned Single Judge as well as the present order is not complied with, the respondent No.1 - Chief Secretary, General Administration Department, Sachivalaya, Gandhinagar shall be held liable for committing contempt of this Court."

5. Since we have reserved our judgment in the Letters Patent Appeals and in view of the above, there shall be maintained status quo in respect of the subject matter till the date of pronouncement of the judgment.

(N.V.ANJARIA, J)

(ANIRUDDHA P. MAYEE,J) Manshi