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MCA/1326/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 1326 of 2011
In
SPECIAL
CIVIL APPLICATION No. 13629 of 2010
=========================================================
BHURA
KANDA KARMUR - Applicant(s)
Versus
STATE
OF GUJARAT THRO' PUBLIC PROSECUTOR & 1 - Opponent(s)
=========================================================
Appearance
:
MR
VIJAY H NANGESH for
Applicant(s) : 1,
MS.SACHI MATHUR, ASSITANT GOVERNMENT PLEADER for
Opponent(s) : 1,
None for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 06/09/2011
ORAL
ORDER
Heard
learned advocate Mr.Vijay H. Nagesh, appearing on behalf of
applicant and learned Assistant Government Pleader Ms.Sachi Mathur,
appearing on behalf of Opponent No.1.
This
Court has passed an order on 26.10.2010 in Special Civil Application
No.13629 of 2010, Page No.6, quoted as under:-
”
Heard learned advocate
Mr. VH Nangesh on behalf of petitioner, learned AGP Mr. Amit Patel
appearing for respondent no. 1.
The grievance voiced in
present petition is that petitioner has made approach by detailed
representation on 18/9/2010 to respondent no. 2. Learned advocate
Mr. Nangesh submitted that his representation is not examined by
respondent no. 2 and it remained as it is. The vehicle in question
is already attached by respondent no. 2 and not released in favour
of petitioner when petitioner is prepared to pay due amount without
charges to respondent no. 2.
In light of this facts,
it is directed to respondent no. 2 Manager, SREI, BNP PARIBESH, to
decide representation made by petitioner dated 18/9/2010 page 19
Annexure C and examine grievance of petitioner and then to pass
appropriate reasoned order as early as possible within a period of
fifteen days from date of receiving copy of present order.
In view of above
observation and direction, present petition is disposed of by this
Court without expressing any opinion on merits. Direct service is
permitted.”
Prayer
made in this application in Para-9(A) to direct other-side to comply
order passed by this Court as referred above. Once Special Civil
Application is disposed of finally by this Court, issue direction
against the respondents and if that direction is not comply by
other- side then it is open for the applicant to file appropriate
proceedings under provision of Contempt of Court and such kind of
Misc. Civil Application is not maintainable or if in action of the
respondents not complying direction then also it can consider to be
a fresh cause of action for that applicant can take appropriate
steps in challenging such in action by separate proceedings.
Therefore, present Misc. Civil Application is not entertained by
this Court and same has been disposed of by this Court without
expressing any opinion on merits.
(H.K.RATHOD,
J.)
GIRISH
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