MITTALBAHEN NATVARBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this MCA, the applicant has alleged that direction contained in order dtd. 22/9/2022 passed in SCA No.14627/2021 by the learned Single Judge, the authorities have not complied with the same and therefore, present contempt proceedings.

(2.) Pursuant to the notice having been issued, learned AGP Ms. Dhwani Tripathi appearing on behalf of the respondent State has submitted an affidavit and has stated before the court that from the concerned University, the document verification process will be undertaken within a period of two weeks from today and upon such completion of document verification within a period of four weeks, the order passed by the learned Single Judge will be complied with in true letter and spirit. This submission has been made by learned APP on the basis of instructions which has been passed on by an officer, who is personally present before the Court and in affidavit dtd. 28/3/2023 also, a clear assurance is made with regard to compliance of an order passed by the learned Single Judge within a period of four weeks from the document verification stage. Considering the aforesaid assertion which is made and specific assurance given on oath by the authority, we deem it proper to close present proceedings. However, while, closing down present proceedings, we quote hereunder the relevant assurance, which has been given contained in para 8:-

(3.) In view of the aforesaid stand taken by the authority, we deem it proper to close the present contempt petition. However, in case, there is non-compliance of the aforesaid reiteration made by the learned AGP, it will be open for the petitioner to initiate appropriate step permissible under the law.