HARESHBHAI KARSHANBHAI PITHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As could be seen from the records and proceedings of this case, the learned counsel for the complainant had remained absent even on the previous date of hearing, i.e, on 25/7/2022 on the ground of having circulated a sick-note. Even today, sick-note has been circulated. We do not see any justifiable ground to further adjourn this matter in the light of the statement made by the learned AGP which is to the effect that lease deed is being executed within a week from today as had been directed by order dtd. 19/5/2021. As could be seen from the direction issued by the learned Single Judge, while disposing of the Special Civil Application No.7518 of 2021 by an order dtd. 19/5/2021, the District Collector, Devbhoomi Dwarka was directed to execute the lease deeds in case of the petitioners on or before 23/5/2021 on petitioners filing an undertaking on or before 21/5/2021 to the effect that they shall not commence or carry out any mining activity till the environmental clearance is issued in accordance with law and also till all other conditions as per the letter of intent are satisfied. Further directions also came to be issued as under;

(2.) Thus, the time limit which was fixed under the aforesaid order vide Paragraph-4 of the order has been diluted in Paragraph-6. Even otherwise, the learned AGP now having made a statement that lease deed would be executed within one week, for which, the process has already been commenced, reserving liberty to the complainant to revive the contempt proceedings in the event of lease deed not being executed within ten days from today as undertaken, the contempt proceedings stands closed notwithstanding the sick-note circulated by the counsel for the petitioner.