Gujarat High Court Case Information System
Print
SCA/7340/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7340 of 2005
==============================================================
RAMNIKBHAI
HIRACHAND AMBANI - Petitioner(s)
Versus
DY.COLLECTOR
& 1 - Respondent(s)
==============================================================
Appearance
:
MR
MP PRAJAPATI for
Petitioner(s) : 1,
MR VM PANCHOLI AGP for Respondent(s) : 1 -
2.
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/10/2005
ORAL
ORDER
1.0 The
petitioner has prayed to quash and set aside the the order dated 15 –
22.11.2002 passed by respondent no.1 as also the order dated
31.03.2005 passed by respondent no.2 and to direct respondent no.1 to
return the document in question.
2.0 It
is the case of the petitioner that respondent no.2 has passed the
impugned order without issuing Notice to the petitioner and has
confirmed the same without considering the materials placed before it
and also without considering the submissions made by the petitioner
in the appeal memo.
3.0 I
have heard learned counsel for the parties and perused the documents
placed on record. Prima facie, it appears that the impugned order has
been passed in clear violation of the principles of natural justice
and without considering the materials placed before it. Hence, the
appellate authority is required to consider the matter afresh.
4.0 In
above view of the matter, the impugned order dated 31.03.2005 passed
by respondent no.2 is quashed and set aside. The matter is remanded
to the appellate authority for decision afresh; and the appellate
authority shall pass fresh orders in the matter in accordance with
law as early as possible. The petitioner shall approach the
respondent authority on 05.12.2005 and the appellate authority shall
fix an appropriate date for hearing of the matter. With the above
direction, the petition stands disposed of. Rule is made absolute to
the aforesaid extent with no order as to costs.
(K.
S. JHAVERI, J.)
pravin/
*
Top