Labhubhai Bhikhabhai Valodara vs Amrendra Kumar Rakesh (Ias)
2023 Latest Caselaw 4332 Guj

     C/MCA/164/2020                               ORDER DATED: 12/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 164 of 2020

           In R/SPECIAL CIVIL APPLICATION NO. 16745 of 2015

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                      LABHUBHAI BHIKHABHAI VALODARA
                                  Versus
                       AMRENDRA KUMAR RAKESH (IAS)
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Appearance:
MR ND SONGARA(2198) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MS AAKASH GUPTA, AGP for the Opponent(s) No. 3
MR HS MUNSHAW(495) for the Opponent(s) No. 3,4
MR Y J PATEL(3985) for the Opponent(s) No. 5
NOTICE NOT RECD BACK for the Opponent(s) No. 2
NOTICE SERVED for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                             Date : 12/06/2023

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application has been filed with following prayer(s):-

"11(A) Your Lordships may kindly be pleased to admit and allow this application.

(B) Your Lordships may kindly be pleased to initiate Contempt proceedings against the respondents for willful and deliberate disobedience of the judgment and order dated 27.09.2019 passed by this Hon'ble Court in Special Civil Application No.16745 of 2015 at Annexure-A.

(C) ...

(D) ..."

C/MCA/164/2020 ORDER DATED: 12/06/2023

2. Thus, it is is the allegations of the applicants that the directions issued by this Court vide order dated 27.09.2019 in captioned writ petition are not complied with and the benefits to the applicants which they are entitled after the withdrawal of the impugned order dated 21/22.09.2015 is required to be paid.

3. It is noticed by this Court that by the order dated 09.02.2022, the present contempt application was disposed of by observing thus:-

"5) Hence there is substantial compliance of the order passed by the learned Single judge, continuation of the contempt proceedings is not warranted. Hence, contempt proceedings stands closed.

6) Complainant submit that a new Sarpanch has been elected on 19.12.2021 namely Kaniyalal Danjibhai Vaniya.

7) It is needless to say that complainant would be at liberty to take such steps for recovery f the amount due if any from 09/02/2022 the respondent in accordance with law ,if so advised. "

4. The coordinate bench has specifically recorded that since there is substantial compliance of the order passed by the learned Single judge, continuation of the contempt proceedings is not warranted and the contempt proceedings were closed. Liberty was also reserved in favour of the complainant to take effective steps of recovery of the amount, if any, due from the respondent in accordance with law. The coordinate bench has recorded the contents of the affidavit filed by one Mr.Shaileshbhai V.Dantani dated 28.09.2021 specifying the amount mentioned therein of Rs. 2 lacs of which the permission

C/MCA/164/2020 ORDER DATED: 12/06/2023

was sought to deposit in the Registry of this Court.

5. After the aforesaid contempt proceedings was disposed of, the applicants filed MCA (Recall) No. 2 of 2022. By the order dated 22.02.2023, this Court recalled the aforesaid order by observing thus:-

"3. In the said contempt proceedings, the affidavit of compliance was filed by one Shaileshbhai V. Dantani, Taluka Development Officer, Chuda Taluka Panchayat, District Surendranagar. In the said affidavit, it was stated on oath as under,

"8. The deponent submits that, so far as the amount of

Rs.2,45,000/- is recovered by the Gram Panchayat through

team of Talati-cum-Mantris towards property tax and other

taxes, Sarpanch of Gram Panchayat has addressed a letter

dated 31.08.2020 to the District Development Officer,

Surendranagar District Panchayat for permission to deposit an

amount of Rs.2,00,000/- in the Registry of this Hon'ble Court. It

is submitted that accordingly, the District Development Officer,

Surendranagar District Panchayat has passed an order dated

02.09.2021 permitting Sarpanch of Chuda Gram Panchayat to

deposit an amount of Rs.2,00,000/- in the Registry of this

Hon'ble Court."

3.1 It appears that out of the total Rs. 2,45,000/-, an amount of Rs. 2,00,000/- came to be deposited with the Registry of the High Court. In view of the said statement made in the affidavit showing the compliance, the court took the view that there was substantial compliance of the direction. The contempt proceedings were accordingly not entertained.

C/MCA/164/2020 ORDER DATED: 12/06/2023

4. Today, in course of hearing of the present Misc. Civil Application seeking to recall the order disposing of the contempt proceedings, it was submitted and stated that the statement made in the affidavit-in-reply regarding deposit of the amount of Rs. 2,00,000/- was not acted upon. Despite the statement made on oath, it was submitted that the amount was not deposited. It was therefore urged that the contempt proceedings may be revived."

6. A perusal of the aforesaid order dated 22.02.2023 would reveal that the present application was revived and restored and the earlier order dated 09.02.2022 was recalled since it was noticed by the coordinate bench that the amount of Rs.2 lac was not deposited though an affidavit-in-reply of depositing the aforesaid amount was filed in the contempt proceedings.

7. Today, when the matter is taken up for hearing, it is reported that the aforesaid amount of Rs. 2,00,000/- is already deposited before the Registry of this Court on 01.03.2023. Thus, the coordinate bench vide order dated 22.02.2023 had restored the contempt application only for the reason of non-depositing of the amount of Rs.2 lac, as stated in the affidavit filed by one Shailesh Dantani, Taluka Development Officer, Chuda Taluka Panchayat, Dist:Surendranagar. Since the aforesaid amount is deposited, the order dated 09.02.2022 passed by the coordinate bench while disposing MCA 164 of 2022 (captioned contempt application), recording that there is a substantial compliance of the order passed by the learned Single Judge, the continuation of the contempt proceedings is not warranted.

C/MCA/164/2020 ORDER DATED: 12/06/2023

8. As recorded herein above, the coordinate bench has already given liberty in favour of the complainant to take appropriate steps for recovery of the amount due, if any, from the respondent in accordance with law, if so advised.

9. Under the circumstances and in light of the aforesaid observations and the subsequent order dated 22.02.2023 passed by the coordinate bench, the present application is required to be disposed of. The contempt proceedings stands disposed of. As already recorded herein, it will be open for the complainant to file appropriate proceedings before appropriate forum for recovery of the amount due, if any from the concerned respondents.

10. Registry is directed to disburse the amount of Rs.2,00,000/- along with accrued interest, if any, to the applicant after due verification.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) GIRISH