VIRCHANDBHAI BECHARDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These contempt proceedings have been initiated alleging willful disobedience of order dtd. 23/1/2020 passed in Special Civil Application No.1648 of 2019 which proceedings were initiated on the ground that the order dtd. 19/2/2014 passed by the Prant Officer was not being implemented by respondents. Hence, learned Single Judge without going into the merits of the issues involved in the petition held/ordered that the Mamlatdar shall look into the communication dtd. 19/2/2014 and pass appropriate orders in accordance with law on the basis of such communication within a period of 8 weeks. The compliance affidavit dtd. 8/10/2021 would disclose that on 22/11/2021 the possession of the land bearing Revenue Survey No.17 paiki etc. as indicated in paragraph 4 has been handed over to the petitioner vide Kabja Pavati (possession receipt) dtd. 22/6/2021 annexed at Annexure-I.

(2.) In fact, the petitioner does not dispute the photograph annexed to the further affidavit of the petitioner himself which is at Annexure-L as well as Kabja Pavati (possession receipt) dtd. 22/6/2021, which discloses possession of the land more fully described thereunder having been delivered. Though Mr.Bhatt would contend that actual physical possession has not been handed over, we have no reason to disbelieve what has been stated in the affidavit dtd. 8/10/2021 and if such situation has unfolded namely the actual physical possession has not been handed over despite the Kabja Pavati (possession receipt) dtd. 22/6/2021 disclosing the delivery of possession, as also further evidenced by the photograph which is at Annexure-L, petitioner would be at liberty to take such steps as he may be advised.

(3.) With these observations, the contempt proceeding stands dropped. Miscellaneous Civil Application No.283 of 2021 stands dismissed. Notice discharged.