Raghubhai Bhayjibhai Chauhan ... vs K.A.Patel, Secretary
2023 Latest Caselaw 3886 Guj

     C/MCA/509/2023                            ORDER DATED: 03/05/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 509 of 2023

           In R/SPECIAL CIVIL APPLICATION NO. 13376 of 2022

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  RAGHUBHAI BHAYJIBHAI CHAUHAN THROUGH LH REVABEN WD/O
                   RAGHUBHAI CHAUHAN
                           Versus
                   K.A.PATEL, SECRETARY
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Opponent(s) No. 3
NOTICE SERVED for the Opponent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                           Date : 03/05/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

By way of this contempt petition, it was alleged that there is willful defiance of order dated 10.8.2022 passed in SCA No.13376/2022.

Pursuant to the notice being issued, the respondent authority has submitted an affidavit of Executing Engineer, Panchmahal at Godhra working as Panam Irrigation Division, Godhra and has indicated that the actual benefit pursuant to order dated 10.8.2022 would be paid within four weeks from today and the order would be complied with in its true letter and spirit. Para 3 of the affidavit dated 2.5.2023 reads as under:-

C/MCA/509/2023 ORDER DATED: 03/05/2023

"I most humble submit that all the benefits arising of the order and judgment dated 10.8.2022 as directed by this Hon'ble Court in the order passed in SCA 13376 of 2022 will be complied with within four weeks from today. It is submitted that the order shall be complied in its true letter and spirit."

Keeping the above reliance on record, learned advocate Mr. Dave, under the instructions, seeks permission to withdraw preset petition. Permission granted. The MCA stands disposed of as withdrawn. Notice discharged.

Liberty to revive in case of difficulty is granted.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) SHEKHAR P. BARVE