Rahimkhan Raysangji Malek vs S B Vasava, Secretary And/Or His ...
2023 Latest Caselaw 3045 Guj

      C/MCA/315/2023                           ORDER DATED: 19/04/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 315 of 2023
        In R/SPECIAL CIVIL APPLICATION NO. 19141 of 2021

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                 RAHIMKHAN RAYSANGJI MALEK
                           Versus
  S B VASAVA, SECRETARY AND/OR HIS SUCCESSOR IN HIS OFFICE
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Appearance:
MR NILESH M SHAH(780) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1,2,3,4
MR.AAKASH GUPTA, AGP for the Respondent Authority.
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  CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
        and
        HONOURABLE MR. JUSTICE J. C. DOSHI

                    Date : 19/04/2023
                     ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

[1] This contempt proceedings have been initiated alleging willful disobedience of the order dated 01.08.2022 passed in Special Civil Application No.19141 of 2021.

[2] Pursuant to the notice having been issued, Mr. Aakash Gupta, learned Assistant Government Pleader today has tendered an affidavit-in-reply on behalf of respondent, namely, Prakash Kantilal Kalariya, Deputy Executive Engineer, Road and Building Sub Diviaion No.2, Surendranagar affirmed on 19.04.2023 and has categorically submitted that the necessary steps have been taken by an authority to implement the direction within a period of three weeks from today and it has also been mentioned that order shall be complied in its true latter and spirit.

       C/MCA/315/2023                                  ORDER DATED: 19/04/2023




[3]    In view of this specific assurance which has been given on oath

from affidavit-in-reply affirmed on 19.04.2023, we deem it proper to close the present proceedings. The said assurance which has been given to the Court and recorded in paragraph 3 of the said affidavit, we deem it proper to quote hereunder:-

"3. I most humble submit that all the benefits arising of the order and judgment dated 01.08.2022 as directed by this Hon'ble court in the order passed in SCA 19141 of 2021 will be complied with within three weeks from today subject to the outcome of the Letters Patent Appeal which may be filed by the deponent department. It is submitted that the order shall be complied in its true latter and spirit."

[4] In view of the aforesaid submission and a specific time having been sought for, we are of the opinion that the authority is to be granted a period of three weeks to comply with the order dated 01.08.2022 passed in Special Civil Application No.19141 of 2021.

[5] With these observations, we deem it proper to close the present proceedings. Notice is discharged. However, liberty is kept open to revive present proceedings in case of any difficulty.

(ASHUTOSH SHASTRI, J.)

(J. C. DOSHI, J.) DHARMENDRA KUMAR