Nai Shaileshbhai Revabhai vs Kamal Dayani, Additional Chief ...
2023 Latest Caselaw 206 Guj

     C/MCA/6/2023                                  ORDER DATED: 09/01/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 6 of 2023

          In R/SPECIAL CIVIL APPLICATION NO. 10659 of 2020

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                    NAI SHAILESHBHAI REVABHAI
                               Versus
             KAMAL DAYANI, ADDITIONAL CHIEF SECRETARY
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Appearance:
MS SHIKHA D PANCHAL(10764) for the Applicant(s) No. 1,2,3
for the Opponent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                               Date : 09/01/2023

                        ORAL ORDER

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

Heard learned advocate Ms.Shikha Panchal for the applicant.

2. It is following operative portion in the nature of direction contained in judgment and order of learned single Judge dated 19.7.2022 in Special Civil Application, which 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/6/2023 ORDER DATED: 09/01/2023

3. A plain reading of the aforesaid direction go to show that no time limit is provided for by learned single Judge for the purpose of compliance. In the circumstances, the court does not think at this stage that there is any willful or intentional non- compliance of the the directions. At the same time, the court would not permit the directions of learned single Judge unless reversed or modified by the higher forum to go uncomplied with.

4. Therefore, It is directed that the respondent through their competent authority shall comply with the aforesaid directions within eight weeks from today.

5. With this observations, the proceedings are disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) Manshi