Gujarat High Court
Thakkar Vasudev Kanaiyalal vs V K Sambad on 1 April, 2024
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/5240/2024 ORDER DATED: 01/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5240 of 2024
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THAKKAR VASUDEV KANAIYALAL
Versus
V K SAMBAD & ORS.
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Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 01/04/2024
ORAL ORDER
1. Heard Mr. Thakkar Vasudev Kanaiyalal, learned party-in- person.
2. By way of present petition, the petitioner herein has prayed for the following reliefs: (true translation) "Relief:-
1. Copy of Rule 3(A) of Gujarat Civil Services (Conduct) Rules, was submitted to S.D.M. on 15/02/2024.
3-A Promptness and Courtesy No Government servant shall
(a) in the performance of his official duties, act in a discourteous manner.
(b) in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.
By not doing the work promptly within the time limit assigned by law, by using various tactics, by not proceeding according to the rules of C.R.P.C. Case No. 01/2024, S.D.M. has knowingly violated the order of the government. Therefore, I pray to issue direction to the Chief Secretary, Government of Gujarat to dismiss Mr. V.K.Sambad, S.D.M., Vadodara City, from government service. Page 1 of 4 Downloaded on : Wed Apr 03 21:09:32 IST 2024
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2. Although I have submitted a written submission to the Collector, Vadodara on 22/1/24 to take legal action regarding the government's revenue loss, by not taking prompt action against the loss caused to the Government and by using various tactics, Collector, Vadodara has knowingly violated the orders of the Government. By sending intermediating memorandum in Sub judicial C.R.P.C. Case No. 01/2024, by subsiding the Judicial proceedings, he has used tactics so that I cannot get justice. Therefore, I pray to issue direction to the Chief Secretary, Government of Gujarat to dismiss Mr. Bijal Shah, Collector, Vadodara City, from government service.
3. I pray to issue direction to the Chief Secretary, Government of Gujarat to withdraw the proceedings in the Sub-Judicial C.R.P.C. Case No. 1/2024 from Mr. V.K.Sambad, S.D.M., Vadodara City and to be assigned immediately to any other S.D.M.
4. Except above mentioned relief, kindly grant any other relief which may deem fit to your honour."
3. When the matter is taken up for hearing, Mr. Thakkar, learned party-in-person, has placed on record documents with respect to occupancy of the petitioner herein of the shop being in House No.9 in Nilkanth Park Society, Karodiya Road, Baajwa, Vadodara. In the aforesaid context, learned party-in-person approached the respondent No.2 by way of a representation dated 20.01.2024 duly produced at page 27, which was received on 22.01.2024, raising a grievance with respect to the stamp duty levied qua some of the members of the Nilkanth Park Society and other issues in the said representation. It is submitted that the said representation is unaddressed and in light of the aforesaid, Mr. Thakkar, learned party-in-person, is constrained to approach this Court for the reliefs as referred above.
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4. Mr. Ayaan Patel, learned AGP, submits that the said representation would be decided by the respondent No.2 in accordance with law as expeditiously as possible.
5. Having considered the submissions advanced by Mr. Thakker, learned party-in-person, in the interest of justice, without entering into the merits of the matter, the representation dated 20.01.2024 duly produced at Annexure - H, page 27, be decided by the respondent No.2 as expeditiously as possible in accordance with law; preferably within a period of eight weeks from the date of receipt of this order.
5.1 The prayers prayed for in the present petition are considered to the aforesaid extent.
5.2 In light of the aforesaid direction issued by this Court, the remaining prayers 24(1) and 24(3), whereby, the petitioner herein is seeking direction qua the Chief Secretary, Government of Gujarat, to dismiss Mr. V.K. Sambad, S.D.M., Vadodara City from Government service and further direction to the Chief Secretary, Government of Gujarat, to withdraw the proceedings in the Sub-Judicial Cr. P.C. Case No.1 of 2024 from Page 3 of 4 Downloaded on : Wed Apr 03 21:09:32 IST 2024 NEUTRAL CITATION C/SCA/5240/2024 ORDER DATED: 01/04/2024 undefined Mr. V.K. Sambad, S.D.M., Vadodara City and to be assigned immediately to any other S.D.M., are such that the same can only undertaken by the competent authority after following due procedure in accordance with law. In view thereof, qua such prayers, this Court is not inclined to entertain under Article 226 of the Constitution of India.
6. With the aforesaid, the present petition stands disposed of.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) NEHA Page 4 of 4 Downloaded on : Wed Apr 03 21:09:32 IST 2024