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SCA/10732/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10732 of 2011
=========================================================
SURAMYA
SKY CORPORATION THROUGH PARTNER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NILESH PATEL FOR MR MAHESH BHAVSAR
for
Petitioner(s) : 1,
MR RASHESH RINDANI, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 16/08/2011
ORAL ORDER
1. This
petition under Article 226 of the Constitution of India has been
filed, with the following prayers:
“a) Your
Lordships may be pleased to admit and allow this application;
b) Your
Lordships be pleased to issue writ of mandamus or any other
appropriate writ, order or direction and be pleased to direct the
respondents to refund the excess amount of registration fees that is
Rs.1,82,770/- – Rs.1,30,000/- (1% of the Value Expressed in the deed)
= Rs.52,770/- collected from the present petitioner while executing
the above said Article of Agreement of Partnership Deed annexed at
ANNEXURE-“A”.
C) Your
Lordships may be pleased to grant such other and further reliefs that
may be deemed fit and proper in the facts and circumstances of the
case;”
2. At
the outset, Mr.Nilesh Patel, learned advocate for Mr.Mahesh Bhavsar,
learned advocate for the petitioner has submitted that the interest
of justice would be met, if respondent No.2 is directed to consider
and decide the representation dated 27.04.2011, within a stipulated
period of time.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:
Respondent
No.2 is directed to consider and decide the representation dated
27.04.2011 made by the petitioner, within a period of one month, in
accordance with law, from the date of receipt of a copy of this
order.
It
is made clear that while passing this order, the Court has not
entered into the merits of the case.
The
petition is disposed of, in the above terms.
Direct
Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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