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MCA/1165/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1165 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13874 of 2009
=====================================================
AJITSINH
JADEJA - Applicant(s)
Versus
SONAL
MISHRA DIRECTOR OF MUNICIPALITIES & 2 - Opponent(s)
=====================================================
Appearance :
MR
DM THAKKAR for
Applicant(s) : 1,
Mr.K.L.Pandya,learned ASST.GOVERNMENT PLEADER
for Opponent(s) : 1, 3,
None for Opponent(s) :
2,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 12/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Mr.Thakkar
is not present even in the second round. Hence dismissed for default.
Notice discharged.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
1. Before
the order is signed Mr.Thakkar prays for restoration
and also states that he is ready to proceed with the matter. Hence
restored.
2. The
basis of the present proceedings under the Contempt of Courts Act is
the order dated 30-12-2009 passed by this court in Special Civil
Application No.13874 of 2009 whereby this Court had directed the
Director of Municipalities to look into the same and to take
appropriate action and/or to initiate appropriate proceedings in
accordance with law.
3. The
affidavit has been filed by the Assistant Director of
Municipalities, in which there is a reference to the action taken and
the final order passed by the Director on 31-5-2010 shows that by
issuing warning the proceedings are closed.
4. The
copy of the order is also produced by the learned Addl. Public
Prosecutor during the course of the hearing.
5. Under
the circumstances,we find that as the order is already passed on
31-5-2010 and the proceedings have been concluded under Section 37 of
the
Gujarat Municipalities Act, the present proceedings are not required
to be continued further.
6. It
has also been stated by Mr.Thakkar that a substantive petition is
already filed for challenging the legality and validity of the
aforesaid order.
7. Hence
the proceedings are dropped. Notice discharged.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
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