(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this Application, the Gujarat State Legal Services Authority has prayed for appropriate direction for enforcement of the order of the Supreme Court dated 22nd March 2012, by which the Supreme Court, while dismissing a Special Leave Application preferred against the order dated 14th October 2011 of this High Court in the above Writ Petition (PIL) No.129 of 2011, imposed costs of Rs.1 lac upon the applicant before the Supreme Court, to be paid within three weeks from that date, with liberty to the Gujarat State Legal Services Authority to realize the said amount.
Mr.Shah, the learned advocate appearing on behalf of the petitioner has drawn our attention to Order XIII Rule 6 of the Supreme Court Rules, 1966, providing that order of costs in connection with any proceeding before the Supreme Court should be transmitted by the Registrar of the said court to the court from which appeal was brought and that the step for enforcement of such order should be taken in that court in the way prescribed by law.
Our attention has been drawn to the fact that the order of the Supreme Court dated 22nd March 2012 has been communicated by the Assistant Registrar, Supreme Court of India, to the Registrar of this Court on 31st March 2012.
In such circumstances, we find that the Gujarat State Legal Services Authority is entitled to realize the amount by way of execution through this Court. It is stated that inspite of specific direction given by the Supreme Court, the amount has not been paid and the time for making payment has already expired.
In such circumstances, we issue notice upon the original writ-petitioner and the applicant of Special Leave before the Supreme Court, returnable on 5th July 2012.
Let the service be effected through Court by Speed Post. Xerox copy of the receipt showing service of the order of the Supreme Court upon the Registrar of this Court as placed by Mr.Shah be kept with the record.
The main application being Writ Petition (PIL) No.129 of 2011 since disposed, which is fixed today for further order, be also taken-up for hearing on the returnable date.
(Bhaskar Bhattacharya, Acting C.J.) (J.B.Pardiwala, J.) /moin Top