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MCA/166/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 166 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5650 of 2009
=========================================================
CHANDRESH
POPATLAL PARMAR - Applicant(s)
Versus
R
M PATEL SECRETARY & 3 - Opponent(s)
=========================================================
Appearance
:
MR
UM SHASTRI for
Applicant(s) : 1,
MR LB DABHI, ASST.GOVERNMENT PLEADER for
Opponent(s) : 1,
NOTICE SERVED for Opponent(s) : 2, 4,
MR PV
HATHI FOR MS KHYATI P HATHI for Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 01/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
By
filing instant application u/s.10 of the Contempt of Courts Act,
petitioner has prayed for following reliefs:-
a. Be
pleased to allow this application for contempt of court by punishing
the respondents for committing contempt of Hon’ble High Court’s
order dated 28.7.2009 in S.C.A.No.5650 of 2009.
b. Be
pleased to direct the respondents to purge themselves of the
contempt by directing the respondents to honour and implement the
order passed by the Hon’ble High Court.
c. Be
pleased to direct the respondents to pay the applicant exemplary
costs of Rs.3000/- to the applicant.
This
Court vide order dated 1.2.2010 has issued notice to respondents
herein, which was made returnable on 2.3.2010. Thereafter, matter
was adjourned from time to time.
Today
when the matter is called out, Mr.L.B.Dabhi, learned AGP for
respondent No.1 – Mr.R.M.Patel, Secretary, State of Gujarat
states that the Panchayat Gram Gruh Nirman and Gram Vikas Department
has taken the decision on 27.8.2010 to comply with the order dated
28.7.2009 passed by the learned Single Judge of this Court in
Special Civil Application No.5650 of 2009 which has been confirmed
vide order dated 17.6.2010 passed in Letters Patent Appeal No.1117
of 2010 by a Division Bench of this Court directing the respondent
No.3 to reconsider the application filed by the petitioner for
giving him appointment on compassionate ground, has been considered
by the Department and decided to give appointment on certain terms
and conditions mentioned in the said order dated 27.8.2010, and in
this connection, direction has been issued to the District
Panchayat, Jamnagar.
Mr.P.V.Hathi,
learned advocate for respondent No.3 states that they will comply
with the order dated 27.8.2010 passed by respondent No.2 by giving
appointment to the petitioner on compassionate ground on the terms
and conditions mentioned in the said order within a period of two
weeks hereof.
In
view of this, Mr.U.M.Shastri, learned advocate for the petitioner
does not press this petition and seeks leave to withdraw the same,
as the grievance ventilated by the petitioner has already been
redressed.
Leave
as prayed for is granted. This petition stands disposed of as it is
withdrawn.
Notice
discharged.
The
order dated 27.8.2010 shall be retained on the record of the case.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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