Gujarat High Court Case Information System
Print
SCA/14088/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14088 of 2010
=========================================================
SADIQBHAI
ABDULRAHIM KALU - Petitioner(s)
Versus
ADDITIONAL
DIRECTOR (APPEAL AND FLYING SQUAD) - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Petitioner(s) : 1,
MR AMIT PATEL, AGP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 26/10/2010
ORAL
ORDER
Heard
learned advocate Mr. M.A. Kharadi appearing on behalf of petitioner.
In
this petition, though, State Government is a party respondent,
but, copy of present petition along with all annexures is not served
to Office of Government Pleader by learned advocate Mr. Kharadi,
therefore, let learned advocate Mr. Kharadi may supply the copy of
present petition with all annexures to learned AGP who will appear in
this matter on behalf of respondent State Authority.
In
this matter, petitioner has challenged seizure memo dated 2nd
October 2010. Thereafter, show-cause notice has been served to
petitioner dated 7th October 2010. After receiving such
show-cause notice from respondent, on 11th October 2010,
reply is submitted by petitioner to respondent authority, but, till
date, no decision is taken by respondent authority. Therefore,
present petition is filed by petitioner.
In
view of these facts, contentions, which are raised in present
petition, have been raised in reply by petitioner while opposing
show-cause notice served to petitioner, therefore, it is directed to
respondent authority who has issued show-cause notice to consider
reply submitted by petitioner and examine all the contentions which
are raised by petitioner and thereafter to pass appropriate reasoned
order in accordance with law within a period of one month from the
date of receiving copy of present order and communicate decision to
petitioner immediately.
Learned
advocate Mr. Kharadi submitted that by seizure memo dated 2nd
October 2010, the truck of the petitioner has been seized, which
having adverse effect in the business of petitioner and ensuring
Diwali Vacation, truck is required to be utilised by petitioner in
business. Therefore, let petitioner may file appropriate interim
application before respondent authority, who has issued show-cause
notice, within a period of one week from today.
As
and when respondent authority received such application from
petitioner in respect of prayer of releasing truck which has been
seized by respondent authority by issuing seizure memo dated 2nd
October 2010, it is directed to respondent authority to consider it
and thereafter to pass appropriate reasoned order in accordance with
law within a period of one week from the date of receiving such
application for interim relief and communicate such decision to
petitioner immediately.
In
view of above observation and direction, present petition is disposed
of by this Court without expressing any opinion on merits.
Direct
service is permitted.
[H.K.
RATHOD, J.]
#Dave
Top