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Gujarat High Court

Dinesh Sinh Vikram Sinh Jadeja vs Mahendra S Patel - The ... on 6 May, 2015

Author: Ks Jhaveri

Bench: Ks Jhaveri, A.G.Uraizee

          C/MCA/1287/2015                                     ORDER




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1287 of
                        2015

            In WRIT PETITION (PIL) NO. 325 of 2014

=========================================
      DINESH SINH VIKRAM SINH JADEJA....Applicant(s)
                        Versus
    MAHENDRA S PATEL - THE COLLECTOR....Opponent(s)
=========================================
Appearance:
MR NARENDRA L JAIN, ADVOCATE for the Applicant(s) No. 1
=========================================
      CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
             and
             HONOURABLE MR.JUSTICE A.G.URAIZEE
                   Date : 06/05/2015

                   ORAL ORDER

(PER : HONOURABLE MR.JUSTICE KS JHAVERI) The Division Bench of this Court has issued following directions in order dated 05.01.2015 passed in WP (PIL) No.325 of 2014:

"7 Therefore, the Collector-Kachchh at Bhuj is directed to decide the allegation made by the present petitioner regarding alleged breach of condition No.5 of order of allotment dated 11.02.2002. The present petitioner is permitted to file a detailed complaint along with annexures before the Collector-Kachchh at Bhuj, within a period of one week from today. The Collector- Kachchh at Bhuj, after consideration of the aforesaid complaint, shall issue a show cause notice to the allotee as well as all the alleged transferees of shares etc. and shall afford a reasonable opportunity to the present petitioner as well as to the allottees and transferees of Page 1 of 2 C/MCA/1287/2015 ORDER the shares etc. of the land in question and shall decide allegation of alleged breach of condition No.5 and other terms and conditions, in accordance with law, by passing a reasoned and speaking order within a period of three months thereafter. It is made clear that if any application moved by respondent No.3 or any show cause notice issued by the Collector-Kachchh at Bhuj, the same shall also be decided by the Collector-Kachchh at Bhuj simultaneously.
8 Till the matter is decided by the CollectorKachchh at Bhuj, the parties shall maintain status quo."

2 Learned advocate for the applicant has submitted that the respondents have failed to comply with the aforesaid directions. Hence, issue notice to the respondents making it returnable on 26th June 2015. The applicant shall serve the respondents on or before 20th May 2015. The respondents shall either comply with the aforesaid order or shall remain personally present before the Court on 26 th June 2015 after filing their reply.

Direct Service is permitted.

(K.S.JHAVERI, J.) (A.G.URAIZEE, J.) mohd Page 2 of 2