Gujarat High Court
Sanjay Bhanubhai Makwana vs Ashwani Kumar, Ias on 10 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/1471/2025 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1471 of 2025
In R/MISC. CIVIL APPLICATION NO. 902 of 2019
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SANJAY BHANUBHAI MAKWANA
Versus
ASHWANI KUMAR, IAS & ANR.
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Appearance:
MR GAURAV K MEHTA(5227) for the Applicant(s) No. 1
MS VAISHNAVI VERMA, AGP for Opponent(s) No. 1, 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 10/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. When the matter is called out, it is informed by Mr. Gaurav K.
Mehta, learned advocate for the applicant and learned AGP for the
opponents No. 1 and 2, that the applicant is already reinstated pursuant to
directions issued by this Court. However, consequential benefits are not
paid.
2. Learned AGP at the outset has pointed out the order dated
01.02.2022 passed in the case of the present applicant who had filed
Misc. Civil Application No.543 of 2021 for initiation of contempt
proceedings. The Co-ordinate Bench by order dated 01.02.2022 had
disposed of the contempt proceedings by specifically reserving liberty in
favour of the present applicant to file contempt petition after disposal of
Special Leave to Appeal (C) No.15479 of 2021 or Special Leave to
Appeal (C) No.14124-14125 of 2012 whichever is earlier.
NEUTRAL CITATION
C/MCA/1471/2025 ORDER DATED: 10/07/2025
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3. Mr Gaurav K Mehta, learned advocate for the applicant has also
pointed out the order dated 28.06.2024 passed in Misc. Civil Application
No.1 of 2023 by some other applicant and has submitted that the order
dated 01.02.2022 was also considered and thereafter, the said Misc. Civil
Application No.1 of 2023 was revived and the benefits were paid to the
said applicant.
4. In the present application, the appropriate proceedings may be
initiated against the opponent by reviving the Misc. Civil Application (for
direction) No.1 of 2020 in Misc. Civil Application (for contempt) No.902
of 2019 and the other application being Misc. Civil Application (for
contempt) No.902 of 2019.
5. We are unable to accept the contention raised by Mr Gaurav K
Mehta, learned advocate for the applicant for a simple reason that in case
of the very same applicant, the Co-ordinate Bench by the order dated
01.02.2022 passed in Misc. Civil Application No.543 of 2021 has passed
the following order:
"This contempt proceeding has been initiated for alleged violation of the
order dated 7.5.2019 passed in Special Civil Application No.15773 of 2018.
Undisputedly, against the said order passed by learned Single Judge in
Letters Patent Appeal No.493 of 2020 was filed and it came to be dismissed
by order dated 3.9.2020. Against the order passed in Letters Patent Appeal
No.493 of 2020, the State has preferred Special Leave to Appeal (C)
No.15479 of 2021 and while issuing the notice on SLP. Hon'ble Apex Court
on 20.10.2021 (Annexure-AR1) has ordered said SLP to be tagged along
with Special Leave to Appeal (C) Nos.14124-14125 of 2012 and in the said
Special Leave to Appeal (C) Nos.14124-14125 of 2012, the Hon'ble Apex
Court has stayed the operation of the judgments impugned therein dated
20.1.2012 and 11.4.2012. Thus, when both the matters are ordered to be
tagged and the connected matters have been stayed, question of continuing
NEUTRAL CITATION
C/MCA/1471/2025 ORDER DATED: 10/07/2025
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the present contempt proceedings does not arise and hence, the contempt
petition stands dropped. We reserve liberty to the complainant to file such
contempt petition on disposal of Special Leave to Appeal (C) No.15479 of
2021 or Special Leave to Appeal (C) Nos.14124-14125 of 2012 whichever is
earlier."
6. Thus, in light of the aforesaid order, we cannot pass any orders for
reviving the earlier Misc. Civil Application (for contempt) No.902 of
2019, as specifically the very applicant has filed the Misc. Civil
Application No.543 of 2021 in which the Co-ordinate Bench has passed
the aforesaid order. Hence, the present application is rejected.
Sd./-
(A. S. SUPEHIA, J)
Sd./-
(R. T. VACHHANI, J)
MVP/25
