ISHWARBHAI BHIKHABHAI PARMAR Vs. SANDEEP B. VASAVA

JUDGEMENT

(1.) This contempt proceedings have been initiated alleging willful disobedience of the order dtd. 1/8/2022 passed in Special Civil Application No.19677 of 2019 whereby the respondent authority was directed to consider the case of the petitioner for granting such benefit of resolution dtd. 4/7/1993 in the light of observation made by the Court in other cognate matters i.e. Special Civil Application No.1681 of 2002 and allied matters and the said direction was required to be complied within a period of eight weeks from the date of receipt of the order. It is not in dispute that the order was not only passed in the presence of representative of the authority but is also served upon the respondent authority.

(2.) Pursuant to the notice having been issued on 9/1/2023 by co- ordinate bench of this Court and initially learned Assistant Government Pleader has come out with an order dtd. 10/4/2023 whereby the request is indirectly refused despite the specific direction for grant of such benefit. When such issue arose during the pendency of this petition and it was noticed by the Court that it is clearly in defiance of the directions which are issued in an order dtd. 1/8/2022, realizing the mistake which has been crept in the learned Assistant Government Pleader has requested to permit the authority to recall and withdraw the order dtd. 10/4/2023 and in substitution thereof the authority has already taken a stand and undertaken before the Court that the order and the direction contained, as referred to above, will be complied with in true letter and spirit within a period of two weeks though it has been mentioned in the affidavit dtd. 12/4/2023 for the period of four weeks but realizing the situation, learned Assistant Government Pleader, on instructions, has submitted before the Court that order will be complied with within a period of two weeks.

(3.) In the normal course, we would have taken a stern action against the respondent authority for making such kind of attempt but in view of the fact that ultimately an undertaking is given to the Court to comply with the order passed by the Court on earlier occasion, we deem it proper to consider the request and the order dtd. 10/4/2023 is permitted to be withdrawn from the record. The assertion which has been made in the form of undertaking, we deem it proper to quote hereunder:-