Keshubhai Meraman Odedara vs Vikas Sahay Ips
2022 Latest Caselaw 3704 Guj

      C/MCA/146/2022                                ORDER DATED: 29/03/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 146 of 2022

              In R/LETTERS PATENT APPEAL NO. 1246 of 2019

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                       KESHUBHAI MERAMAN ODEDARA
                                  Versus
                             VIKAS SAHAY IPS
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Applicant(s) No. 2,3,4
MR. K.M. ANTANI, AGP, for the respondent - State
for the Opponent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                             Date : 29/03/2022

                        ORAL ORDER

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

1. Heard Mr. Mehul Sharad Shah, learned counsel appearing for the complainants. Perused the order dated 17.08.2020 passed in Letters Patent Appeal No. 1246 of 2019 arising out of Special Civil Application No. 9990 of 2019, whereunder the Cognate Bench while allowing the writ petition filed by the petitioners has passed the following directions :

"56. The writ petitioners - appellants are thus entitled to the reliefs claimed. Accordingly, the appeal is allowed. The impugned judgment and order of the learned Single Judge is set aside and the writ petition stands allowed. The respondents are directed to consider the case of the appellants in accordance with law in light of the observations made above, within a period of 2 months from the date of production of a

C/MCA/146/2022 ORDER DATED: 29/03/2022

certified copy of this order. There shall however be no order as to costs.

2. A plain reading of the above order would indicate that the writ petition filed by the petitioners came to be allowed, respondents were directed to consider the case of the appellants in accordance with law in light of the observations made therein.

3. Against the said order, undisputedly the State has filed a Special Leave to Appeal (C) No. 802 of 2021, whereunder notice has been issued vide order dated 06.08.2021 and it is now stated by the learned AGP that the matter is listed on 04.04.2022 and as such, we are of the considered view that at this stage it cannot be considered or construed that there has been willful disobedience of the order passed.

4. Hence, reserving liberty to the petitioners to revive this contempt proceeding in the event of there being no stay granted by the Hon'ble Apex Court or the SLP being dismissed, this contempt proceeding stands DROPPED.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) AMAR SINGH