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SCA/918/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 918 of 2010
=========================================================
VIMALBHAI
MANSUKHBHAI DHOLARIYA - Petitioner(s)
Versus
REGIONAL
TRANSPORT OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DK NAKRANI for
Petitioner(s) : 1,
MS MAITHILI MEHTA, Assistant Government Pleader
for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 02/02/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
The petitioner has filed
this petition under Article-226 of the Constitution of India praying
for quashing and setting aside the detention order dated 9.1.2010
detaining the vehicle in question.
Heard Mr.B.K.Nakrani,
learned advocate appearing for the petitioner and Ms.Maithili Mehta,
learned Assistant Government Pleader on advance copy being served to
the Government Pleader’s office. The main grievance of the
petitioner is that the respondent No.1 has not accepted the
petitioner’s application dated 12.1.2010 (Annexure-B) alongwith
which all original documents were intended to be filed with the
respondent No.1. He has further submitted that due to his poor
financial position the petitioner could not pay the outstanding
vehicle tax and hence asked for installments. Before filing the
present petition, the petitioner has not availed the alternative
remedy available to the petitioner and hence we do not entertain
this petition at this stage. However, interest of justice would
better be served if the respondent No.1 is directed to accept the
petitioner’s application alongwith which the original documents are
intended to be produced by the petitioner and the said application
may be decided in accordance with law. With regard to petitioner’s
request for installments for payment of vehicle tax the petitioner
can approach the Regional Transport Commissioner and he would
consider the petitioner’s request as per the guidelines (Annexure-I)
issued by him in accordance with law.
Subject to the aforesaid
directions and observations this petition is accordingly disposed
off. Direct service is permitted.
(K. A. PUJ, J.) (RAJESH H. SHUKLA, J.)
kks
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