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SCA/12613/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12613 of 2008
==============================================
RATANSINH
BHIKHABHAI RATHWA - Petitioner
Versus
DISTRICT
COLLECTOR & ORS. - Respondents
==============================================
Appearance :
MR
RAJESH P MANKAD for Petitioner(s) : 1,
MS.PATHAK, ASST. GOVERNMENT
PLEADER for Respondent(s) : 1,
RULE SERVED BY DS for Respondent(s)
: 1 - 2.
RULE NOT RECD BACK for Respondent(s) : 3 -
10.
==============================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/11/2008
ORAL
ORDER
The
petitioner has approached this Court seeking writ of mandamus and /
or any other appropriate, writ order or direction to the District
Collector, Vadodara and others, as despite there being a valid
recovery certificate issued on 28/04/2008, no sufficient steps were
taken for recovering the amount of Rs.47,092/-
On
15/10/2008 this Court (Coram: S.R.Brahmbhatt, J.) has passed the
following order:
?SRule
returnable on 12.11.2008 with a specific observation that respondents
shall be ready with their reply as matter is going to be heard and
disposed of finally on the returnable date. Direct service permitted
qua respondent Nos. 1 and 2.??
Respondent
No.1-District Collector, Vadodara and respondent No.2-Mamlatdar,
Vadodara was served on 24/10/2008.
Today,
when the matter was called out, Ms.Pathak, learned AGP under the
instructions of Mr.S.M.Padma, Deputy Mamlatdar, Vadodara who is
presented before the Court, submitted that the Diwali Holidays were
observed from 25/10/2008 to 01/11/2008 and Offices were reopened only
from 03/11/2008. In view of this, learned AGP has submitted that the
reply could not be made ready, however she is requesting for time
only upto 17/11/2008 for taking appropriate steps including recovery,
if possible, or else reply on affidavit to be filed by the respondent
No.1-Collector explaining the steps taken so far for recovering the
amount in question. Time as sought for is granted. Matter is
adjourned on 17/11/2008.
Registry
is directed to furnish a copy of this order to the learned AGP for
its onward communication to the concerned Officer.
(S.R.BRAHMBHATT,
J.)
sompura
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