NAGAJAN DHANABHAI RANAVAYA Vs. G. R. ALORIA - SECRETARY AND ORS.
LAWS(GJH)-2014-2-264
HIGH COURT OF GUJARAT
Decided on February 26,2014

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) Present application has been preferred by the applicant herein -petitioner of Special Civil Application No. 16908/2012 to initiate appropriate contempt proceedings against the respondents herein and thereafter to punish them under the provisions of Contempt of Courts Act, 1971 for flouting and disobeying the direction issued by this Court in its order dated 10.01.2013 passed in Special Civil Application No. 16908/2012.
(2.) It is the case on behalf of the original petitioner that by order dated 10.01.2013 passed in Special Civil Application No. 16908/2012, the learned Single Judge while disposingof the aforesaid special civil application reserved the liberty in favour of the petitioner to file the representation before the concerned Authority for the grievances and directed that if such representation is made within 10 days from 10.01.2013, the same shall be dealt with in accordance with law by the competent Authority, within 90 days from the receipt thereof. It is the case on behalf of the applicant that thereafter the applicant made a detailed representation to the competent Authority on 21.01.2013 to the Secretary, Urban Housing and Urban Development Department. It is the case on behalf of the applicant that despite the fact that the concerned competent Authority was directed to deal with the said representation within 90 days, no decision has been taken on the representation made by the applicant and there is a willful disobedience of the order passed by this Court in aforesaid special civil application.
(3.) In response to the notice issued by this Court, Ms. Nisha Thakore, learned AGP has appeared on behalf of the respondent State Authorities and Shri Murali Devnani, learned Advocate has appeared on behalf of respondent No. 4. An affidavit in reply is filed on behalf of respondent No. 4. Affidavit in reply has been filed, affirmed by Collector, Porbandar and respondent No. 3 herein as well as Director of Municipality, State of Gujarat - respondent No. 2 herein. Ms. Nisha Thakore, learned AGP appearing on behalf of respondent Nos. 1 to 3 and Shri Devnani, learned Advocate appearing on behalf of respondent No. 4, relying upon the affidavit in replies filed by respondent Nos. 2, 3 & 4 have submitted that there were correspondences between the Nagarpalika, Director of Municipalities and Collector and therefore, no final decision could be taken on the representation submitted by the applicant, within stipulated time fixed by this Court. However, Ms. Nisha Thakore, learned AGP appearing on behalf of respondent Nos. 1 to 3 has fairly conceded that despite the fact that the learned Single Judge directed to deal with the representation of the applicant within a period of three months and though the concerned respondents were served with the representation along with the order passed by this Court in Special Civil Application No. 16908/2012, neither any decision was taken within the stipulated time nor any application for extension was submitted by any of the Authorities requesting to extend the time to pass appropriate order on the representation submitted by the applicant. Ms. Thakore, learned AGP appearing on behalf of respondent Nos. 1 to 3 and Shri Devnani, learned Advocate appearing on behalf of respondent No. 4 have submitted that as such there is no willful and/or deliberate disobedience on the part of any of the respondents. It is submitted that chronological events explaining the delay have been stated in the affidavit in replies. It is submitted that from the chronological events mentioned in affidavit in replies, as such there was no deliberate and/or willful disobedience of the order passed by this Court. Ms. Thakore, learned AGP has placed on record the decision taken on the representation submitted by the applicant dated 21.01.2014 by which the representation/prayer of the applicant has been rejected. It is submitted that therefore now the order passed by the learned Single Judge has been complied with. Therefore, it is requested to accept the unconditional apology tendered on behalf of the concerned respondents and to close the present proceedings.;


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