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SCA/9466/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9466 of 2010
=========================================
ABDUL
RAHEMAN ABDULMAJID - Petitioner(s)
Versus
DISTRICT
COLLECTOR & 2 - Respondent(s)
=========================================
Appearance :
MRPCCHAUDHARI
for Petitioner(s) : 1,
MS.
MONALI BHATT, AGP for Respondent(s) : 1,
DS AFF.NOT FILED (N) for
Respondent(s) : 1 - 3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/09/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
petitioner has prayed for an appropriate writ, direction and order
directing respondent no.1 Mamlatdar-Alien Recovery, Ahmedabad to
forthwith recover the amount of Rs. 38561/- as per the recovery
certificate dated 14.6.2009.
2. It
is reported that respondent nos. 2 and 3 have refused to accept the
notice of this Court. In response to the notice issued by this Court,
Ms. Bhatt, learned AGP has appeared on behalf of respondent no.1 and
stated at the bar that the Mamlatdar-Alien Recovery, Ahmedabad has
already now issued the notice upon the concerned respondent under
Sections 154 and 155 of the Bombay Land Revenue Code on dated
30.8.2010 and the date for attachment for the property is fixed on
18.9.2010. She has produced on record the notice dated 30.8.2010
issued by the Mamlatdar-Alien Recovery, Ahmedabad which is directed
to be taken on record.
3. In
view of the above, it appears that now respondent no. 1 has already
initiated the action and taken steps to recover the amount under the
recovery certificate and therefore, at present no further order is
required to be passed except disposing of present Special Civil
Application by directing respondent no.1 to take steps to recover the
amount under the recovery certificate and to recover the amount at
the earliest but not later than 12 weeks from today. With this,
present Special Civil Application is disposed of. In case the amount
is not recovered within stipulated time and as stated herein above,
it will be open for the petitioner to file fresh petition for the
same subject matter, which shall be considered in accordance with
law.
(M.R.SHAH,
J.)
kaushik
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