D.N. Patel, J. - (1.) COUNSEL for the Petitioner submitted that the order for non - compliance of which this contempt application has been preferred, which is dated 12th February, 2009 in W.P.(S) No. 4758 of 2008 was challenged in Letters Patent Appeal No. 357 of 2009 by the State Government. This Letters Patent Appeal was dismissed by the Division Bench of this Court vide order dated 21st June, 2010, as submitted by the counsel for the Petitioner.
(2.) COUNSEL for the opposite parties seeks time to get further instructions. In view of this submissions, I hereby, direct opposite party No. 2 to take appropriate decision, if not taken, looking to the facts and circumstances of this Case and as directed by this Court vide order dated 12th February, 2009 in W.P.(S) No. 4758 of 2008 on or before the next date of hearing, failing which, I hereby, direct opposite party No. 2 or a responsible officer deputed by him, not below the rank of Deputy Secretary of the concerned department, who is well conversant with the facts, to remain personally present before this Court on the next date of hearing at 10.30 a.m. If the order has already been complied with then there is no need of the aforesaid officer to remain personally before this Court on the next date of hearing.
(3.) IT appears that counter affidavit has also not been filed by the State despite the fact that a copy of this contempt application has been served upon them on 13th August, 2009. It is expected from opposite party No. 2 that proper care should be taken about the due compliance of the order passed by this Court in earlier writ application.;