DUNGARBHAI DAYABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This contempt proceedings has been initiated for alleged violation of order dtd. 7/1/2022 passed by this Court in Special Civil Application No.300 of 2022, where-under the interim prayer sought for in Special Civil Application in para 16E came to be granted. The prayer sought for in para 16E reads thus:-

(2.) It is the grievance of Mr. Zubin Bharda, learned counsel appearing for the complainants that despite such order restraining respondent Collector, Morbi, directing him that no further proceedings pursuant to the complaint filed by the private respondents are to be taken, has remained on paper, or in other words, the officers acting under the Collector, namely District Inspector Land Records- DILR has proceeded to measure the property by issuing notice on 12/1/2022 to the petitioners, whereby, he has called upon petitioners to remain present to carry out the measurement once again with respect to the land which is the subject matter of Special Civil Application No.300 of 2022 and as such, he alleges that there is willful disobedience of the order. It is no-doubt true that DILR is not a party to Special Civil Application No.300 of 2022, however he is said to have acted upon the directions of Collector according to petitioner.

(3.) Mr. Antani, learned Assistant Government Pleader, who is on advance notice would submit on instructions that Collector himself has now stated that no further steps would be taken in view of the order of stay being in operation and in fact, the application filed by the complainants is also stated to have been dropped. Copy of order dtd. 21/2/2022 passed by the Collector intimating the complainants about closure of their application is furnished and same is placed on record. In that view of the matter, continuation of contempt proceedings does not arise. By placing the statement made by learned Assistant Government Pleader on record, contempt proceedings stands CLOSED.