Gujarat High Court Case Information System
Print
MCA/2017/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION-FOR CONTEMPT No.2017 of 2011
In
SPECIAL
CIVIL APPLICATION No.4056 of 2011
=====================================================
SUNABEN
ISHWARBHAI CHAUDHARI - Applicant(s)
Versus
S
J DESAI
SECRETARY
(WATER RESOURCES) & 2- Opponent(s)
=====================================================
Appearance
:
MS VIDHI J BHATT for Applicant(s) :
1,
GOVERNMENT PLEADER for Opponent(s) : 1 - 3.
NOTICE SERVED
for Opponent(s) : 2,
NOTICE UNSERVED for Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 21/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is alleged breach and non-compliance of
the order dated 11.05.2011 passed by the learned Single Judge of this
Court in Special
Civil Application No.4056 of 2011 whereby the
amount is directed to be refunded and after giving opportunity of
hearing further action is permitted. This Court on 29.09.2011 had
passed the following order:
Ms.Thakkar,
learned AGP, under the instructions of Mr.H.N. Shah, Executive
Engineer, states that the amount in question, without prejudice to
the rights and contentions of the State in Civil Application No.9906
of 2011 in LPA (St.) No.1273 of 2011 shall be deposited with this
Court on or before 19th October, 2011.
S. O. to
20.10.2011.
Thereafter,
on 20.10.2011 it was stated that the amount was deposited but the
Letters Patent Appeal was on board yesterday and, therefore, a
request was made to keep the matter today.
Today,
when the matter is taken up, learned
A.G.P. states, under instructions of Mr.Sanjay
Garasiya, Assistant Engineer, that the Letters Patent Appeal has been
dismissed by the Division Bench of this Court. Under the
circumstances, we find that the amount of Rs.1,50,294/- should be
permitted to be withdrawn by the applicant. Hence, we ordered
accordingly.
Learned
A.G.P. submits that let this Court may permit
withdrawal subject to the orders, if any, that may be passed by the
higher forum. We find that such aspect is hardly required to be
stated and the reason being that all compliance is bound to subject
to any further orders passed by the high forum.
In
view of the above, the cause of the petitioner would not survive.
Hence, the petition is disposed of accordingly.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[
R.M.CHHAYA, J]
***
Bhavesh*
Top