NIRMALABEN WAGHELA Vs. RAMAN MAHERIYA DEPUTY SECRETARY

JUDGEMENT

(1.) . Heard Mr.J.R.Nanavati, learned counsel appearing for the applicant, and Mr.Arun D.Oza, learned Government Pleader appearing for the opponent, at great length and in detail.

(2.) . Smt.Nirmalaben Waghela, Ex-President of Porbander Nagarpalika, has moved instant application for initiating contempt proceedings against the opponent Mr.Raman Maheriya, Deputy Secretary to State of Gujarat, Urban Development and Urban Housing Development Department, Sachivalaya, Gandhinagar, on the allegation that by passing the order dated 03-09-2002, under the provisions of Section 263 of the Gujarat Municipalities Act, 1963, the opponent has interfered with the due course of judicial proceedings in Letters Patent Appeal No. 466 of 2002, and thereby obstructed the administration of justice also, which amounts to criminal contempt as envisaged in the Contempt of Courts Act, 1971, hereinafter called `the Act'.

(3.) . Mr.Nanavati, learned counsel of the applicant, very fairly, conceded that the case of the applicant is that the opponent has committed criminal contempt.