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SCA/4149/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4149 of 2009
=========================================
SAKIB
AHMED ABDUL AHMED - Petitioner(s)
Versus
MUNICIPAL
CORPORATION OF CITY OF SURAT & 1 - Respondent(s)
=========================================
Appearance
:
MR DILIP L
KANOJIYA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 2.
MR
MRUGEN K PUROHIT for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MS. JUSTICE HARSHA DEVANI
and
HONOURABLE
MR. JUSTICE H.B.ANTANI
Date
: 21/01/2011
ORAL
ORDER
(Per :
HONOURABLE MS. JUSTICE HARSHA DEVANI)
1. By
this petition, the petitioner seeks a direction against the
respondents not to demand and/or recover arrears as mentioned in the
bills for assessment years 2000-01 up to 2008-09 and other
consequential reliefs.
2. On
23rd July, 2010, this Court had passed an order in the
following terms:-
“The
main grievance voiced by learned Advocate for the petitioner is that
earlier the petitioner had approached this Court by way of a writ
petition being Special Civil Application No.44 of 2002 wherein a
statement had been made on behalf of respondent Corporation that
demand against the petitioner was being made on the basis of the rate
of assessment at Rs.3,600/- gross rateable value. However, for the
same period arrears are sought to be recovered from the petitioner at
Rs.4,800/- gross rateable value.
Notice
returnable on 20.08.2010.”
3. Today,
Mr. Mrugen Purohit, learned advocate for the respondents states
before the Court that the petitioner may file a representation before
the respondents in relation to the grievance voiced in the present
petition and the same shall be considered in accordance with law
after giving the petitioner an opportunity of hearing.
4. In
the light of the aforesaid statement, Mr. Dilip Kanojiya, learned
advocate for the petitioner, on instructions, seeks permission to
withdraw the petition with a view to make a representation before the
respondents. He, has, however requested that some time frame be
specified within which the representation may be decided.
5. The
request appears to be reasonable. In the circumstances, it is
directed that the petitioner shall make a representation to the
respondent No.1 within a period of two weeks from today. Upon
receipt of such representation, the respondent No.1 shall decide the
same within a period of one month thereafter, after giving the
petitioner a reasonable opportunity of hearing. The petition is
accordingly disposed of as withdrawn in the aforesaid terms. Notice
is discharged.
(
Harsha Devani, J. )
(
H.B. Antani, J. )
hki
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