Patel Jignasaben Dienshkumar vs State Of Gujarat
2021 Latest Caselaw 15363 Guj

       C/SCA/4529/2021                               ORDER DATED: 30/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4529 of 2021

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                         PATEL JIGNASABEN DIENSHKUMAR
                                      Versus
                                STATE OF GUJARAT
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Appearance:
ANUJ H DAVE(8333) for the Petitioner(s) No. 1
MR. UTKARSH SHARMA ASSTT. GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2,3
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 30/09/2021

                                 ORAL ORDER

Heard learned Advocate Mr. Jay M Shah with learned Advocate Mr. Anuj H. Dave for the petitioners, learned Advocate Mr. H.S Munshaw for respondent no. 3 and learned AGP Mr. Utkarsh Sharma for respondents no. 1 and 2.

2. By way of this petition, the petitioner seeks compliance of orders of this Court passed in Special Civil Application No. 8270 of 2014 and allied matters dated 13.12.2018 confirmed by order of Hon'ble Division Bench in Letters Patent Appeal No. 310 of 2019 and other allied matters dated 17.6.2019.

3. Learned Advocate Mr. Munshaw would only submit that since the said orders are under challenge before the Hon'ble Apex Court in SLPs filed, therefore, the order has not yet been complied with. Learned Advocate Mr. Jay Shah would submit that the judgment has been challenged qua persons other than the petitioners and whereas in case of the present petitioners, the said judgment has now attained finality in view of the fact

C/SCA/4529/2021 ORDER DATED: 30/09/2021

that for almost two years the same has remained unchallenged.

4. Having regard to the submissions and observations as above , it clearly appears that the respondents more particularly have taken the order of this Court too lightly and for a period of two years the orders of this Court have not been complied with. Even an application for extension of time, which would have been basic courtesy which should have been shown has also not been filed by the respondents.

5. As far as the matters pending before the Hon'ble Apex Court, it is brought to the notice of this Court that they may not concern the present petitioners and in any case, it also appears that the matters have been filed in the month of December 2020, thereafter no follow up action appears to have been taken. Thus the respondents are attempting to evade compliance by submitting that SLPs are 'filed' before the Hon'ble Apex Court as against stating that the matters 'pending' before the Hon'ble Apex Court or the judgment is 'stayed' by the Hon'ble Apex Court.

6. In this view of the matter, if the Hon'ble Division Bench confirming the order of the learned Single Judge as referred to hereinabove is not complied with or appropriate orders staying the same not being passed by the Hon'ble Apex Court by 22nd October 2021, then the respondent no. 3 shall personally remain present explaining as to why proceedings under the Contempt of Courts Act shall not be initiated by this Court against him or any other officer to whom respondent no. 3 is subordinate to.

7. Stand Over to 22.10.2021.

(NIKHIL S. KARIEL,J) MARY VADAKKAN