(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) This contempt petition was filed contending that the respondents did not dispose of the representation of the applicant though directed by this court in its order dated 27th June, 2011 passed in Special Civil Application No. 1100 of 2011. By the said order, this Court had directed the respondents to decide representation of the petitioner within three months. Certain observations were also made in favour of the applicant. Finally, however, the Court observed as under:
"4. However, in case, if orders that may be passed by respondent no.1 in pursuance to directions issued by this Court, is adverse to petitioner as well as respondent no.4, then, it is open for both parties to challenge same before appropriate forum in accordance with law.
5. In light of aforesaid observations and directions, these petitions are disposed of by this Court without expressing any opinion on merits."
Learned Government Pleader Mr. Jani appeared with learned Asstt. G.P. Ms. Moxa Thakkar in response to the notice. He produced on record an order dated 9th March, 2012 passed by the Deputy Secretary (Credit) Agriculture and Cooperation Department of the State of Gujarat. By the said order, representation of the petitioner came to be rejected.
Learned Counsel for the applicant submitted that the representation was required to be considered in light of the observations made by the learned Single Judge in the said order dated 27th June, 2011. The authority has not considered any of these factors and the representation has been rejected mechanically.
On the other hand, learned Government Pleader has drawn our attention to paragraph 4 and 5 of the order passed by the learned Single Judge and submitted that the representation having been disposed of, the question of contempt does not survive. On behalf of the authority, however, he apologized for delay in disposal of the representation.
Now, that the representation of the applicant has been disposed of, though belatedly, we do not see any reason to take any further contempt proceedings against any of the respondents. With respect to the contention of the applicant that the observations made by this Court while disposing of his petition have not been properly considered by the authority while disposing of his representation, the applicant can raise such contention in independent proceedings that he may institute for challenging the order. Subject to above observations, this Contempt Petition is dismissed. Notice is discharged.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top