Maganbhai Nagarbhai Patel vs S B Vasava Or His Successor In ...
2022 Latest Caselaw 737 Guj

      C/MCA/44/2022                           ORDER DATED: 21/01/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 44 of 2022

             In R/MISC. CIVIL APPLICATION NO. 323 of 2021

=============================================
                     MAGANBHAI NAGARBHAI PATEL
                                  Versus
         S B VASAVA OR HIS SUCCESSOR IN OFFICE, SECRETARY
=============================================
Appearance:
KRISHNAN M GHAVARIYA(8133) for the Applicant(s) No. 1,2,3,4,5,6,7
for the Opponent(s) No. 1,2,3,4,5,6
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                          Date : 21/01/2022

                            ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

[1] This proceedings has been initiated for alleged

violation of an order / direction issued in a contempt

proceedings i.e. in Misc. Civil Application No.323 of 2021

on 31.08.2021. The Hon'ble Apex Court, time and again,

has held that the contempt jurisdiction is limited and the

Court adjudicating the contempt application or petition

cannot go beyond the directions issued in the original

proceedings. Suffice to extract the recent judgment of the

Apex Court rendered in V. Senthur and Another versus

C/MCA/44/2022 ORDER DATED: 21/01/2022

M. Vijayakumar, IAS, Secretary, Tamil Nadu, Public

Service Commission and Another reported in 2021

SCC Online SC 846 whereunder it was held to the

following effect:

"15. There can be no quarrel with the proposition that in a contempt jurisdiction, the court will not ravel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not to be found in the original judgment and order. The court is only concerned with the wilful or deliberate non-compliance of the directions issued in the original judgment and order."

[2] Even otherwise, the communication dated

24.12.2021 from the office of Executive Engineer,

Panchayat, Road and Building Department, Valsad

addressed to the Registrar, High Court of Gujarat would

disclose a sum of Rs. 15,23,535/- has been forwarded by

way of Cheque Number 457189 dated 23.12.2021. Thus,

the direction which was issued by the co-ordinate Bench in

Misc. Civil Application No. 323 of 2021 on 31.08.2021 also

stands complied. It is open for the complainant to take

steps in accordance with law.

C/MCA/44/2022 ORDER DATED: 21/01/2022

[3] With these observations, the contempt proceedings

stands dropped.

(ARAVIND KUMAR, C.J.)

(ASHUTOSH J. SHASTRI, J.)

DHARMENDRA KUMAR