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SCA/2849720/2007 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 28497 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
SURESHBHAI
ISHWARBHAI PATEL - Petitioner(s)
Versus
THE
DISTRICT SUPPLY OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AM PAREKH for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 3.
MS
KOTECHA, AGP for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 29/07/2008
ORAL
JUDGMENT
Rule.
Ms.Kotecha, learned AGP waives service of notice of Rule for the
respondent State Authorities.
The
petitioner by this petition has challenged the order passed by the
State Government dated 4.10.2007, whereby the order for imposition
of penalty is confirmed and it is ordered to restart the
authorization.
Heard
Mr.Parekh, learned Counsel for the petitioner and Ms.Kotecha,
learned AGP for the State Authorities.
Mr.Parekh
at the outset submitted that he is not challenging the order passed
by the State Government on merits, however, he only prays for grant
of time to pay the penalty by instalments. In support of his
submission, he relied upon the order dated 26.11.2007 passed by the
coordinate Bench of this Court (Coram: A.S. Dave, J.) in Special
Civil Application No.29158 of 2007. As such, if the petitioner is
desirous to pay the penalty, such indulgence can be granted and the
same, in any case, would not aversely prejudice the rights of the
respondents.
Hence,
the following directions :-
(a) The
petitioner shall pay the penalty of Rs.83,184/- in two parts namely;
that after the payment of Rs.40,000/- towards penalty, the
authorization shall be restarted and the remaining amount of
Rs.43,184/- shall be paid in equal instalments of Rs.10,000/- each
every month from the next month of restarting the authorization and
the last instalment would be of Rs.13,184/-.
(b) The
order passed by the State Government shall stand modified to the
aforesaid extent.
The
petition is partly allowed to the aforesaid extent. Rule made
absolute accordingly. Direct service is permitted.
29.7.2008 (Jayant
Patel, J.)
vinod
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