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MCA/1790/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 1790 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11268 of 2009
=========================================
PRAKASHKUMAR
VITHALBHAI VANKAR
Versus
R
M PATEL SECRETARY & 1
=========================================
Appearance :
MR
AS SUPEHIA for Applicant(s) : 1,
H.L.JANI, AGP for Opponent(s) :
1,
NOTICE SERVED for Opponent(s) : 1,
MR MANISH J PATEL for
Opponent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 13/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
By filing
instant Application under Section 12 of the Contempt of Courts Act,
1971 ( the Act for short), the Applicant Original
Petitioner has prayed to initiate contempt proceedings under the
Act, against the Opponents and punish them adequately since they
have not complied with the order dated 3.11.2009 passed in Special
Civil Application No. 11268 of 2009 by this Court and further direct
them to comply with the said order.
At the
time of hearing of this Application, Mr. H.L.Jani, learned AGP for
the Opponents Original Respondents, upon instructions received
from C.S.Rajpal, Deputy Secretary, who is personally present before
the Court, states that vide order dated 9.9.2010 passed by the
Panchayat, Rural Housing and Rural Development Department,
Sachivalaya, Gandhinagar, it has been decided to implement the order
dated 3.11.2009 rendered in Special Civil Application No. 11268 of
2009 by the learned Single Judge of this Court subject to terms and
conditions mentioned therein.
In support
of the aforesaid statement, Mr. H.L.Jani, learned AGP has also
produced copy of the said order for perusal of this Court.
We have
considered the submissions advanced by the learned Advocates
appearing for the parties and perused the order dated 9.9.2010.
Since the Opponent has passed the order to implement the order dated
3.11.2009, Mr. A.S.Supheiya, learned Advocate of the Applicant does
not press this Application and seeks leave to withdraw the same.
Mr.
H.L.Jani, learned AGP for the Opponents Original Respondents has
no objection if leave as prayed for is granted.
Hence,
leave to withdraw the Application is granted. Application stands
disposed of as withdrawn. Rule is discharged.
Order
dated 9.9.2010 shall be retained on record of the case.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
Jayanti*
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