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MCA/2327/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 2327 of 2008
with
MISC.CIVIL
APPLICATION No. 2328 of 2008
with
MISC.CIVIL
APPLICATION No. 2329 of 2008
=========================================================
SURESHBHAI
NATHUBHAI GAMARA & 5 - Applicants
Versus
STATE
OF GUJARAT & 7 - Opponents
=========================================================
Appearance
:
MR
KIRTIDEV R DAVE : MR RAHUL K DAVE for the
Applicants.
MS HANSA PUNANI, AGP for the
Opponents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 26/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.N.PATEL)
1. Rule.
Learned Assistant Government Pleader Ms.Punani waives service of
notice of Rule on behalf of the opponents.
2. These
applications have been preferred for initiating action under the
Contempt of Courts Act,1971.
3. We
have heard learned counsel for the applicants at length, who has
pointed out that there is encroachment upon certain lands and,
therefore, Special Civil Applications have been preferred. We have
seen the orders passed by this Court in aforesaid three writ
petitions. It appears from the facts of the case that these Special
Civil Applications have been admitted and Rule have been issued by
this Court.
4. Looking
to the orders passed in these three writ petitions, it appears that
Court is in search of fact that there is any encroachment or not and
for that, report has been called from the concerned respondent
authority.
5. It
appears from the facts of the case the concerned respondent authority
has initiated action under the provisions of The Contempt of Courts
Act,1971. It appears that thus, the fact Whether any encroachment
upon the land, is also matter subjudice under the provisions of
Bombay Land Revenue Code,1879 and, therefore, we are not inclined to
take any action against the respondent for removal of encroachment.
In fact, Whether there is any encroachment or not? for that,
proceedings under the Bombay Land Revenue Code,1879 is also going on.
Encroachment is yet to be established. Who has done encroachment is
yet to be finalised by order of competent court / authority. Special
Civil Applications have been admitted and there is no direction by
this Court upon any of the respondent for removal of encroachment.
6. As
a cumulative effect of the aforesaid facts and pendency of the
proceedings under the Bombay Land Revenue Code,1879, we are not
inclined to entertain this contempt application at this stage. There
is no substance in this application and, therefore, the same are
hereby dismissed. Rule is discharged.
(R.P.DHOLAKIA,J)
(D.N.PATEL,J)
*dipti
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