Gujarat High Court
Manshukhbhai Purshottambhai Faldu vs State Of Gujarat on 21 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/1143/2024 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1143 of 2024
In R/WRIT PETITION (PIL) NO. 200 of 2019
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MANSHUKHBHAI PURSHOTTAMBHAI FALDU
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR HASIT H JOSHI(2480) for the Applicant(s) No. 1
MS SHRUTI R. DHRUVE, AGP for the Opponent(s) No. 1
MR BJ TRIVEDI(921) for the Opponent(s) No. 7
MR PRATIK Y JASANI(5325) for the Opponent(s) No. 4
MS JIGNASA B TRIVEDI(3090) for the Opponent(s) No. 7
MS SEJAL K MANDAVIA(436) for the Opponent(s) No. 3
NOTICE SERVED for the Opponent(s) No. 2
NOTICE UNSERVED for the Opponent(s) No. 5,6,8
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 21/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application has been filed seeking initiation
of the contempt proceedings against the respondents for willful
and deliberate disobedience of the order(s) passed by the
Court. It is interesting to note that further, it is prayed that the
respondent-authorities may be directed to comply with the
order dated 10.12.2019 passed in the Writ Petition (PIL)
No.200 of 2019.
2. The order dated 10.12.2019 passed in Writ Petition (PIL)
No.200 of 2019, more particularly in paragraph No.5 of the
order, this Court has issued the following direction : -
"5. Considering the facts and circumstances of the case, we
dispose of this petition with a direction to respondent No.8
Collector, Jamnagar, to look into the various complaints made
by the petitioner within a period of three months, after getting
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C/MCA/1143/2024 ORDER DATED: 21/04/2025
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appropriate inquiry conducted in accordance with law, from
the date of submission of certified copy of this order along with
copies of the various representations already made by the
petitioner and such other material as the petitioner may deem
fit may also be submitted along with the certified copy."
3. On bare perusal of the aforesaid direction would reveal
that the Court has only directed the respondent No.8 -
Collector, Jamnagar, "to look into the various complaints made
by the petitioner i.e. the present applicant within a period of
three months, and after getting appropriate inquiry conducted
in accordance with law, from the date of submissions of
certificate copy of this order".
4. It appears that thereafter an order dated 23.03.2020 has
been passed by the Collector, Jamnagar, which was assailed in
the Writ Petition being Special Civil Application No.7304 of
2020. The learned Single Judge, by the order dated 02.09.2020
allowed the writ petition by setting aside the order dated
23.03.2020 passed by the Collector, Jamnagar and the
Collector, Jamnagar to reconsider the issue and pass the fresh
order, after giving an opportunity to the respective parties.
5. Prior to filing of the present contempt application, a
contempt application being Misc. Civil Application No.1743 of
2023, was also filed seeking similar directions and the same
was disposed of the order dated 12.10.2023 directing the
Collector, Jamnagar to take appropriate steps preferably within
a period of two weeks. Thereafter, the documents on record
reveal that appropriate action was taken by the District
Collector and an affidavit-in-reply is also filed by the District
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C/MCA/1143/2024 ORDER DATED: 21/04/2025
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Development and District Panchayat, Jamnagar, who is the
respondent No.3 and ultimately, a detail report was prepared
on 17.10.2023 and the order dated 14.11.2024 is also passed
by the District Panchayat against the Executive Engineer
imposing a punishment of one increment with future effect.
6. Today, learned advocate Mr.Trivedi, has tendered the
affidavit-in-reply filed on behalf of the respondent No.7. The
same is ordered to be taken on record. The contents of the
affidavit, more particularly paragraph Nos.2, 3 and 4 reveal
that there was no irregularity found and in fact, the Gram
Panchayat has also communicated with the Deputy Executive
Engineer and a Rojkam, is also prepared, which has been
produced on record.
7. The applicant is also heard by the respondent -
authorities, hence, at this stage, we may incorporate the
observations of the Supreme Court recorded in the case of V.
Senthur and another Vs. M. Vijaykumar, IAS, Secretary,
Tamil Nadu Public Service Commission and another,
[2021-SCALE-11-566], the Supreme Court has held thus:-
"14. There can be no quarrel with the proposition
that in a contempt jurisdiction, the court will
not travel beyond the original judgment and
direction; neither would it be permissible for
the court to issue any supplementary or
incidental directions, which are not to be found
in the original judgment and order. The court is
only concerned with the willful or deliberate
noncompliance of the directions issued in the
original judgment and order.
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C/MCA/1143/2024 ORDER DATED: 21/04/2025
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8. Thus, it is held by the Supreme Court that there can be
no quarrel with the proposition that in a contempt jurisdiction,
the Court will not travel beyond the original judgment and
direction, neither would it be permissible for the Court to issue
any supplementary or incidental directions, which are not to be
found in the original judgment and order and it is also
cautioned that the court is only concerned with the willful or
deliberate non-compliance of the directions issued in the
original judgment and order. The contempt proceedings stand
closed.
9. Learned advocate Mr.Hasit H. Joshi, has requested that
liberty may be reserved in favour of the applicant to file
appropriate proceedings before the appropriate forum, in case
the applicant is aggrieved by the action of the respondent -
authorities.
10. The present application is disposed of reserving such
liberty in favour of the applicant.
Sd/-
(A. S. SUPEHIA, J)
Sd/-
(GITA GOPI,J)
MAHESH/02
