Gujarat High Court Case Information System
Print
LPA/1007/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1007 of 2011
In
SPECIAL CIVIL APPLICATION No. 3237 of 2011
With
CIVIL
APPLICATION No. 7393 of 2011
In
LETTERS PATENT APPEAL No. 1007 of 2011
And
LETTERS
PATENT APPEAL No. 1023 of 2011
In
SPECIAL CIVIL APPLICATION No. 16108 of 2010
With
CIVIL
APPLICATION No. 7419 of 2011
In
LETTERS PATENT APPEAL No. 1023 of
2011
=====================================================
ABDULLATIF
A SHAIKH - Appellant(s)
Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION THROUGH & 2 - Respondent(s)
====================================================
Appearance :
MR
MM SAIYED for Appellant(s) : 1,
MR HARDIK C RAWAL for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=====================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/07/2011
COMMON
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE
MR.
S.J.MUKHOPADHAYA)
Notice
on the respondents. Learned counsel Mr.Hardik C.Rawal accepts and
waives notice on behalf of the respondents. No separate notice be
issued on them. Counsel for the appellants will serve two copies of
the paper-book on him by tomorrow. The Appeals may be disposed of at
the stage of admission.
Post
these matters on 28th July 2011 along with Letters Patent
Appeals No.972, 994 to 998 and 1000 of 2011.
Counsel
for the appellants sought for interim relief in terms of the order
dated 1st July 2011 passed in Letters Patent Appeal No.972
of 2011.
In
reply, Mr.Rawal, learned counsel for the Gujarat State Road Transport
Corporation Limited, submits that the appellants have not paid
licence fee to the Transport Corporation nor paid municipal tax to
their respective Municipal Corporations/ Municipalities. As such
Municipal Corporations will recover the amount from the
respondent-Transport Corporation.
Having
heard the learned counsel for the parties, we pass the following
interim order:
During
the pendency of the Appeals, if one or other licencee deposits
licence fee with the Transport Corporation for the period upto June
2011 and continues to pay such licence fee for the subsequent months
and produces receipts showing payment of municipal tax to their
respective Municipal Corporations/Municipalities for the period upto
June 2011, in such case, licencee be allowed to run his sugar-cane
stall at the same place where he was running. But, they cannot
pollute the area, the garbage should be lifted by them and they shall
dispose of the same in the municipal dust bins, and all through out
they will not be putting any waste in the drainage.
The
aforesaid order will be applicable to all cases, including the case
in which this Court has already passed interim orders allowing one or
other appellant to run their sugar-cane stall. It is also made clear
that the interim order(s) passed by this Court will be applicable to
only the licencee, who has been allowed to run such sugar-cane stall,
and not the power of attorney holder.
If
one or other licencee is not liable to pay municipal tax under the
law, he will have to obtain a certificate to that effect from the
concerned Municipal Corporation/Municipality, and will submit the
same before the Transport Corporation. In case of non-compliance of
this order, such licencee will not be allowed to run the sugar-cane
stall.
The
Transport Corporation will forward a copy of this order to all the
concerned Municipal Corporations/Municipalities.
All
the Civil Applications stand disposed of with the aforesaid
observation. Direct service is permitted.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
Top