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Gujarat High Court · body

2024 DIGILAW 663 (GUJ)

Baluben Devisingh Solanki v. State Of Gujarat

2024-03-28

MAUNA M.BHATT

body2024
JUDGMENT : 1. Rule returnable forthwith. Mr. Mayank Chavda, learned Asst. Government Pleader waives service of rule on behalf of respondent NO.1 and Mr. Chintan Desai, learned advocate waives service of rule on behalf of respondent No.2. 2. This petition is filed seeking execution of the recovery certificate dated 27.07.2021. This Court considering the averments in the petition and the recovery certificate dated 27.07.2021, issued notice on 19.01.2022. The order dated 19.01.2022 reads as under: “Notice returnable on 08.03.2022. The respondent authorities are directed to initiate the proceedings with regard to implementation of the recovery certificate. The status of such proceedings shall be informed to this court on or before the next date of hearing.” 3. Despite order dated 19.01.2022, since no progress was informed, order dated 29.03.2023 was passed wherein it was noticed that proceedings for executing the recovery certificate has been initiated. 4. Subsequently, police protection was sought by the authority concerned to execute the recovery certificate. At that stage, settlement was entered between the parties. Further, in the order dated 15.02.2024, the fact of forceful settlement and police complaint lodged for the same was recorded. 5. In view of order of even date in Special Civil application No.4761 of 2024 and considering the fact that the settlement dated 05.04.2023 and the statement dated 05.04.2023, recorded in the office of Mamlatdar are not valid documents in the eye of Law, Respondent No.1 is directed to execute the recovery certificate as expeditiously as possible not beyond the period of six weeks from the date of receipt of the order. 6. It is brought to the notice of this Court by respondent-employer, at this stage, that the cheque of Rs.9,67,609/- is lying with the office of Collector. Learned Advocate prayed that the same may not be disbursed to the workman for a period of six weeks. 7. Considering the submissions and the request, the Collector is directed not to disburse the cheque which is deposited before Mamlatdar, Alien Recovery, Ahmedabad for a period of six weeks from the date of receipt of the order. 8. This petition is allowed accordingly. Rule is made absolute to the aforesaid extent.