DEVJIBHAI NATHABHAI VAGHERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, present petitioner has invoked the extraordinary jurisdiction vested in this Court under Article 226 of the Constitution of India seeking directions qua the respondent authorities to forthwith unlock its lease holder Code No.QL0107040514 .

(2.) Following are the reliefs sought for in this petition with the factual matrix briefly stated herein after:

(3.) The petitioner has been granted quarry lease in his favour by the order of the Government in the month of May, 2017. While such period of lease continued, a show cause notice for alleged illegal mining and for the recovery of huge amount has been issued t the present petitioner by the respondent Authority. Challenging the same, the petitioner filed Special Civil Suit No.57 of 2018, which is pending before the Court of learned 2 nd Additional Senior Civil Judge, Jamnagar. The petitioner also moved an application for injunction in the said Special Civil Suit and the trial Court, vide its order dated 28.01.2019, in absence of any reply filed by the respondent, granted the application for injunction in favour of the petitioner. By way of mandatory direction, the Civil Court directed the respondent authority to open and unlock the leaseholder Code No.QL0107040514. While so doing, the Court also directed that neither the order nor any of the observations made therein shall come in the way of the respondent in recovery as may be permissible nor would it come in the way of the respondent in proceeding with the departmental appeal, which had been already preferred by the petitioner under the Statute, before the concerned authority of Appeal and Flying squad on 09.01.2019. The Court below, specifically held that none of the observations shall be taken recourse to by the petitioner at the time of proceeding with the appeal or in the matter of recovery. Despite this mandatory order, the respondent chose not to abide by the same, and, therefore, the petitioner initiated action under Order 39 Rule 2A of the Civil Procedure Code seeking action against the respondent authority for sending concerned officer for attachment of the property etc. on 01.02.2019. The Court issued show cause notice to the respondent and also framed issue on 07.03.2019 as to whether, in fact, there was breach under Order 39 Rule 2A of the order of the Civil Court.