B B DWIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner being aggrieved by order dated 11/01/2002 passed by the Secretary, Panchayat Rural Housing and Rural Development Department is before this Court challenging the same on the ground that the representation sent by the petitioner pursuant to an order passed by this Court, which was not decided for quite long and the petitioner constrained to approach this Court again, wherein, again direction was given, that the representation made on particular date, be decided but as the representation was not decided. The petitioner was constrained to file a contempt petition. Learned advocate for the petitioner could successfully demonstrate that order under challenge, is an arbitrary and it is written in slip-shod manner and it lacks application of mind on the part of the authority as it is without taking into consideration various Government Resolutions and Circulars, much less the various judgments of the Hon'ble Apex Court and this Court, which governed the field.

(2.) THE case is having little chequered history, which is amply set out in Paragraph-2 of the petition. The same is reproduced for ready perusal.

(3.) THE extent of being offended can be noticed from the fact that despite the order of this Court in SCA No.5037 of 1999, the authorities did not decide the representation of the petitioner for long 16 months. That was not the end of the matter. When the petitioner approached this Court by preferring SCA No.3051 of 2001, the High Court reiterated its direction and asked the authorities to decide the representation on or before 30/06/2001. The authorities did not comply with the direction of the High Court and therefore, the petitioner was constrained to file contempt petition being MCA No.1762 of 2001 and it is thereafter, that the order impugned is passed on 11/01/2002.