Jayeshkumar Motibhai Solanki vs Vipul Mittra, The Secretary
2023 Latest Caselaw 1405 Guj

     C/MCA/146/2023                            ORDER DATED: 09/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 146 of 2023
           In R/SPECIAL CIVIL APPLICATION NO. 8766 of 2021
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                      JAYESHKUMAR MOTIBHAI SOLANKI
                                  Versus
                       VIPUL MITTRA, THE SECRETARY
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Appearance:
MR SHALIN MEHTA, SR. ADVOCATE WITH MS SHIKHA D
PANCHAL(10764) for the Applicant(s) No. 1
MR MANAN MEHTA, AGP for the Opponent(s) No.
MR HS MUNSHAW, Advocate for the Opponent(s) No. 4
for the Opponent(s) No. 1,2,3,4,5,6
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                           Date : 09/02/2023

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned senior advocate Mr.Shalin Mehta assisted by learned advocate Ms.Shikha Panchal for the applicant.

2. It is the following operative directions contained in judgment and order of learned Single Judge dated 19 th July, 2022 in Special Civil Application, that are sought to be complied with invoking the jurisdiction of Contempt of Courts Act, 1971.

"For all the aforesaid reasons as discussed hereinabove considering the categories namely 8 in number, the petitioners are held to be entitled to the benefit of Circular dated 16.7.2019 and therefore, all these petitions are allowed and the rejections, if any, on these grounds as mentioned hereinabove are quashed and set aside."

C/MCA/146/2023 ORDER DATED: 09/02/2023

3. A plain reading of the aforesaid directions go to show that no time limit is provided for by learned Single Judge for the purpose of their compliance. In the circumstances, the Court is not inclined to hold at this stage that there is any willful or intentional non-compliance of the directions or any contempt of Court is committed.

4. At the same time, the Court would not permit the directions of learned Single Judge to go uncomplied with unless reversed or modified by higher forum.

5. Therefore, it is provided that the respondent through their competent authority shall comply with the aforesaid directions within eight weeks from today.

6. Non-compliance of the above direction regarding time limit will expose the respondents to the contempt proceedings.

6.1 Learned advocate Mr.Munshaw for respondent No.4 stated that necessary proposal is forwarded on 04 th July, 2022 and 08th July, 2022 to State Government.

7. With this observation, the proceedings are disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) ANUP