(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicant had prayed for taking action for contempt against the opponents. In such application, the grievance of the applicant was that the allotment of alternative place for putting up shop was not being granted by the authorities despite despite ordered by this Court. In the contempt petition, Division Bench of this Court on 15.11.2011, ordered to issue notice returnable on 7.12.2011. On 6th March, 2012, learned counsel Mr. Panchal for respondent No. 1 placed on record order dated 5th March, 2012 suggesting that the same is in compliance with the directions issued by the Court. On the same day, taking note of the contention of the learned counsel for the applicant that he may be permitted to take appropriate proceedings to challenge the order of the Collector, we disposed of the contempt petition.
We notice from the record that the copy of the order was made available to the counsel for the applicant in the Court itself. He later on, on the next day, pointed out that certain portion of the order of Collector is objectionable and since he would like to high light such issues in the contempt petition itself, the Court may not proceed to sign the order and he would file formal application requesting the Court not to proceed to sign the order though it was dictated in the open Court. We promised the learned advocate not to sign the order till he prefers such application and such application is decided.
However, due to over sight, though such instructions were issued to the office staff, the draft order came to be placed before us for our signature. Routinely, we perused the order and signed it. When the Civil Application No. 3000 of 2012 came up for hearing, we realized this error.
In that view of the matter, it is not now possible to accept the request of not to sign the order. However, since the entire complication has arisen on account of such error on our part, we recall the order dated 6th March, 2012. Resultantly Miscellaneous Civil Application No. 2739 of 2011 stands revived. It shall be placed for further hearing on 2nd April, 2012. This application stands disposed of accordingly.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top