SARVAIYA JORUBHA TAPUBHA Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) Heard Mr. Krishnan Ghavariya for Mr. Prateek Bhatia, learned advocate for the petitioner. He submitted that despite recovery certificate dtd. 8/9/2017, as no amount was paid, the petitioner preferred Special Civil Application 752 of 2023, with a prayer to execute the recovery certificate in his favour. The co-ordinate bench of this Court under order dtd. 25/1/2023, has directed the Collector to execute the certificate dtd. 8/9/2017, in favour of the petitioner within a period of two weeks from the date of the order. It was also observed that failing execution, the Collector would face the action for breach of order of this Court. He submitted that despite that, as no action is taken, this petition is filed.

(2.) Inviting attention of this Court to the communication dtd. 28/2/2023, he submitted that pursuant to the directions of this Court dtd. 25/1/2023, the amount has been deposited before the Assistant Commissioner, Labour Court, Bhavnagar. However, in the very communication, it has been informed by respondent No.1, not to disburse the same amount in favour of the petitioner as he (respondent No.1), is contemplating to challenge the said recovery certificate.

(3.) Today, Ms. Nirali Sarda, learned Asst. Government Pleader relying upon the communication dtd. 1/7/2023, (taken on record), submitted that the communication dtd. 28/2/2023 has been appropriately modified and appropriate decision as directed by this Court in the order dtd. 25/1/2023, shall be taken within a period of two days.