(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The basis of all the petitions is the order passed by learned Single Judge dated 22.4.2011, wherein statement was made before learned Single Judge and based on the said statement, concerned petitioners withdrew the petitions. But, the pertinent aspect is that liberty was already reserved to the petitioners to approach before the Court in case of difficulty. As such there is no direction of the learned Single Judge and further liberty is already reserved by learned Single Judge to approach before the Court in case of any difficulty. If the petitioner contends that the statement made is not complied with, it will be for the petitioner to move the learned Single Judge for ventilating the difficulty of non compliance and to get appropriate orders/ directions.
2. Learned Government Pleader Mr. Jani submitted that as per the respondents, the order has been complied with since appropriate order has been passed by the competent authority. Whereas, learned counsel Mr. Mehta for the petitioner submits that it is not complied as per the declaration made.
3. We find that we need not enter into and examine the said aspect in a contempt jurisdiction when the matter can yet be examined by the learned Single Judge.
4. At this stage, learned counsel Mr. Mehta seeks permission to withdraw all the petitions with a view to move appropriate application before the learned Single Judge. Without expressing any opinion on merits, permission is granted. The petitions are disposed of as withdrawn. Notice is discharged.
(JAYANT PATEL, J.) (C.L.
SONI, J.) omkar Top