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MCA/2811/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 2811 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11163 of 2009
=========================================================
HARSHADBHAI
CHAMPAKBHAI THAKAR & 1 - Applicant(s)
Versus
R
M PATEL AND / OR HIS SUCCESSOR IN HIS OFFICE - SECRETARY & 1 -
Opponent(s)
=========================================================
Appearance
:
MR
BIPIN I MEHTA for
Applicant(s) : 1 - 2.
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present application is non-compliance of the order dated
Oct. 30, 2009 passed in SCA No. 11163 of 2009 by this Court whereby a
direction was given to decide the representation of the applicant
herein preferably within a period of 4 months.
Heard
Mr. Mehta for the petitioner.
The
grievance of the petitioner is that even though the representation
was made on 09.11.2009, copy whereof is produced at annexure ‘B’
together with the compilation of the petition and also the order
passed by this Court and even though thereafter number of reminders
were sent, no decision is taken by the respondent. It is, therefore,
prayed for initiation of action against the respondents under the
Contempt of Courts Act.
Considering
the facts and circumstances, we find that it would be just and proper
to direct the respondent No.1 to take appropriate decision upon the
representation of the petitioner as per the order dated Oct. 30, 2009
passed by this Court in SCA No. 11163 of 2009 failing which the
petitioner be put to liberty for initiation of proceedings under the
Contempt of Court Act.
Hence,
while disposing of the present petition at this stage, it is directed
that the petitioner shall again submit a copy of the representation
together with the papers attached with the same and a copy of the
present order to respondent No.1 for compliance with the earlier
order as well as the present order and it is further directed that
the respondent No.1 shall take appropriate decision and communicate
the decision to the petitioner within a period of 3 months from the
date of receipt thereof. In the event this direction is not complied
with, the petitioner shall be at liberty to move appropriate
application under the Contempt of Courts Act.
Disposed
of accordingly.
Direct
service is permitted.
[
JAYANT PATEL, J. ]
mathew
[ H.B. ANTANI, J. ]
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