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SCA/5547/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5547 of 1998
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KIRITKUMAR
D. JAISWAL & 6 - Petitioner(s)
Versus
DIRECTOR
GENERAL OF POLICE & 3 - Respondent(s)
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Appearance :
MR NIKHIL
KARIEL for TANNA ASSOCIATES
for Petitioner(s) : 1 - 4,6 - 7.DELETED
for Petitioner(s) : 5,
MR JK SHAH AGP for Respondent(s) : 1,
4,
NOTICE SERVED BY DS for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 12/04/2010
ORAL
ORDER
1. This
Court on 20.08.1998 had passed the following order :-
This
Court ( Coram: N.N.Mathur,J) on 15-7-98 while issuing Notice also
directed the respondents not to relieve the petitioners. It
appears that the matter thereafter appeared on board from time
to time. It further appears that the respondents have not
complied with the interim order passed by this Court and relieved
the petitioners. The petitioners, therefore, filed an application
being Civil Application No. 7206 of 1998 under Order 39 Rule 2A
of the CPC wherein Mr. Hasulkar, learned Government Solicitor made a
statement before this Court while disposing of the said application
and passed the following order on 13-8-98:
“Mr.Hasulkar, Ld Govt. Solicitor under the instructions of the respondent Police Officer states that the orders of this Court shall be punctually complied with. He also states that necessary directions have already been issued.
In view of this, the C.A. does not survive and is accordingly disposed of as having become infructuous.”
To-day when the petition is called out for hearing, a grievance is made on behalf of the petitioners that inspite of the statement made by Mr.Hasulkar, petitioners Nos.1 and 2 have been relieved and have not been reinstated. Mr.Hasulkar tried to give explanation to the effect that petitioners Nos. 1 and 2 have been relieved prior to the order dated 15-7-98 passed by this Court. He has produced a FAX message received by him stating the said fact. Since a statement was made on behalf of the respondents in the said civil application that the order of this Court shall be punctually complied with, it is not proper on the part of the respondents again to point out that some of the petitioners were relieved prior to the order passed by this Court. If that is the position, the said facts could have been pointed out when this Court heard Civil Application on 13-8-98. In any case, the respondents could have come with an affidavit for clarification of the order passed by this Court. Since nothing has been done, the respondents are directed first to comply with the order passed by this Court reinstating the concerned petitioners on their original post held by them as on 15-7-98. The respondents shall comply with this direction within a week from to-day. D.S. Permitted.
2. In view of the aforesaid order, the parties will be governed by the said order. The petition stands disposed of accordingly. Liberty is granted to either side in case of difficulty.
[K.S. JHAVERI, J.]
/phalguni/
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