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SCA/5014/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5014 of 2010
=========================================
KARSHANBHAI
POLABHAI VAJA & 1 - Petitioner(s)
Versus
TALUKA
DEVELOPMENT OFFICER & 2 - Respondent(s)
=========================================
Appearance
:
MR AR
THACKER for
Petitioner(s) : 1, 1.2.1,1.2.2
MR PV HATHI for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) : 2,
SERVED BY AFFIX.(N) for
Respondent(s) : 2.2.1,2.2.2
GOVERNMENT PLEADER for Respondent(s)
: 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/10/2010
ORAL
ORDER
1. It
appears that earlier when the office of respondent No.1 tried to
recover the amount due and payable under the recovery certificate, in
view of the mutation entry No.6966 dated 01.04.2003 with respect to
the land bearing survey Nos.239/3 and 498/3, no further steps were
taken. It is reported that the aforesaid entries were taken under
suo motu revision by the Collector, Porbandar and the Collector,
Porbandar has passed an order to quash and set aside the mutation
entry No.6966 dated 01.04.2003 by holding that the said entry was
mutated only with a view to avoid the payment and/or recovery under
the recovery certificate. The order dated 26th October
2010 is directed to be taken on record. It appears that though
served, nobody appeared on behalf of respondent Nos.2/1 and 2/2.
2. In
view of the above, now the Taluka Development Officer is required to
take further steps to recover the amount due and payable under the
recovery certificate. Shri P.V. Hathi, learned advocate appearing on
behalf of respondent No.1 has stated that in view of the subsequent
development, now, further steps shall be taken by respondent No.1 to
recover the amount due and payable under the recovery certificate,
from the concerned persons at the earliest.
3. Stand
over to 10th January 2011. Respondent
No.1 to submit the report of progress in recovering the amount due
and payable under the recovery certificate.
(M.R.
Shah, J.)
*menon
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