Gujarat High Court
Hiteshkumar Lavjibhai Patel vs Manoj Aggarwal, Ias, Additional Chief ... on 19 September, 2024
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
C/MCA/76/2023 ORDER DATED: 19/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 76 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 12537 of 2011
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HITESHKUMAR LAVJIBHAI PATEL
Versus
MANOJ AGGARWAL, IAS, ADDITIONAL CHIEF SECRETARY & ORS.
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Appearance:
MR. NISHIT P GANDHI(6946) for the Applicant(s) No. 1
MS SEJAL K MANDAVIA(436) for the Opponent(s) No. 5
NOTICE SERVED for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 19/09/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This petition is alleging contempt of directions of this
Court initially by Oral Judgment dated 25-07-2018 passed
in Special Civil Application No.12537 of 2011, which was
the subject matter of Letters Patent Appeal being Letters
Patent Appeal No.1327 of 2019, wherein Oral Common
Order dated 16-10-2019 was passed and in Para-2, it is
recorded as under:
"2. This Letters Patent Appeal assails correctness of the
judgment and order dated 25.07.2018 passed by the
learned Single Judge in Special Civil Application No.
12537 of 2011, whereby the learned Single Judge
allowed the petition of the private respondents, relying
NEUTRAL CITATION
C/MCA/76/2023 ORDER DATED: 19/09/2024
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upon an earlier judgment of this Court dated
10.08.2016 passed in Special Civil Application No. 6289
of 2011. The learned Single Judge extended the same
benefits to the present writ petitioners as was extended
to the writ petitioners of the aforementioned Special
Civil Application. Learned Assistant Government Pleader
Shri Dave has not been able to show any distinction
between the petitioners of the two petitions, nor has
been able to place any material before the Court to
show that the earlier judgment of this Court dated
10.08.2016 has been set aside, modified or recalled."
2. Attention is drawn to this Court that Review Application
specifically with regard to the observations made in the
aforesaid Para, has been filed in Letters Patent Appeal
No.1327 of 2019 and in Misc. Civil Application (For
Review) No.1 of 2022 in Letters Patent Appeal No.1327 of
2019 in Special Civil Application No.12537 of 2011, this
Court has recorded in the order dated 18-06-2024, as
under:
"1. At the outset, learned advocates appearing for the
respective parties have pointed out the order dated
10.07.2023 passed by the Hon'ble Supreme Court in
Special Leave Petition (Civil) Diary No.24915 of 2023,
whereby the order, which is subject matter of the
present proceeding, is stayed. Thus, the registry is
directed to list the present appeal, after the decision in
Special Leave Petition (Civil) Diary No.24915 of 2023."
NEUTRAL CITATION
C/MCA/76/2023 ORDER DATED: 19/09/2024
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3. In view of the aforesaid development, at this stage, the
Court is not inclined to initiate any proceedings with
regard to the contempt of the order, as the matter is still
at large, as is observed in the preceding paras. However,
liberty is reserved in favour of the petitioner to revive
the petition pursuant to the decision that may be finally
rendered by the Hon'ble Apex Court.
4. Hence, this petition stand disposed of accordingly. Notice
is discharged.
(A.Y. KOGJE, J)
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
