Isubhbhai Nanubhai Khokhar vs State Of Gujarat
2022 Latest Caselaw 7935 Guj

    C/SCA/22164/2019                             JUDGMENT DATED: 14/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 22164 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

==========================================================

1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

==========================================================
                       ISUBHBHAI NANUBHAI KHOKHAR
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
MR. SOAHAM JOSHI, AGP, for the Respondent(s) No. 1,2,3
==========================================================

    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 14/09/2022

                            ORAL JUDGMENT

1 Rule returnable forthwith. Mr.Soaham Joshi, learned

Assistant Government Pleader, waives service of notice of

rule on behalf of the respondent - State.

C/SCA/22164/2019 JUDGMENT DATED: 14/09/2022

2 It is the case of the petitioner that despite an order

passed by the Division Bench of this Court in Contempt

Proceedings on 09.04.2019, the payment as per the order

dated 29.03.2019 was not done. The order dated

09.04.2019 read as under:

" In view of the order dated 29.03.2019 passed by the Superintending Engineer, Roads & Buildings Circle No.1, Rajkot, we are not inclined to proceed further with the present application filed under tThe Contempt of Courts Act, 1971. However, it will be open for the applicant to take appropriate steps in accordance with law, if any grievance still exists, except the contempt proceedings.

With the aforesaid, this application stands disposed of. Notice discharged."

3 Hence, the petitioner was constrained to file the

present petition. On 16.12.2019, the Court passed the

following order:

" While the petition was listed on 13.12.2019 and the Court was inclined to take a strict view in view of the fact that the pension is already approved for the petitioner, the payment was not paid after passage of reasonable time. Today, when the petition is listed, learned Assistant Government Pleader fairly stated that under the instructions of the authority concerned, the payment is in active process and it would materialise by next date. Put up the matter on 26.12.2019."

C/SCA/22164/2019 JUDGMENT DATED: 14/09/2022

4 Mr.Gohil, learned advocate for the petitioner, states

that pursuant to the said order, payment pursuant to the

order of March 2019 were made only in January 2020.

While issuing directions in Special Civil Application No.

376 of 2010 on 11.07.2018, which order is complied in

January 2020, the Court had directed payment at the

interest of 9% per annum.

5 Accordingly, the petition is allowed. The respondents

are directed to pay interest at the rate of 9% from

29.03.2019 till the actual payment in January 2020

pursuant to the order dated 29.03.2019. Interest shall be

paid within a period of eight weeks from the date of

receipt of copy of this order. Rule is made absolute to the

aforesaid extent.

(BIREN VAISHNAV, J) BIMAL