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SCA/9887/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9887 of 2008
=========================================================
ISMAILBHAI
GAFURBHAI BIN BHULABHAI VOHORA - Petitioner(s)
Versus
CHIEF
CONTROL REVENUE AUTHORITY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAL R MEHTA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 01/08/2008
ORAL
ORDER
1. Notice.
Ms. Kotecha learned APP waives service of notice. With the consent of
the learned advocates appearing for both the sides, the matter is
further heard.
2. The
petitioner has preferred this petition challenging the order passed
by the Deputy Collector. However, it appears that the petitioner has
preferred appeal and the learned counsel appearing for the petitioner
declared before the Court that if the appeal is ordered to be decided
on merits, the petitioner would not press the other relief.
3. Learned
AGP has no objection if the appeal is ordered to be heard on merits.
However, she submitted that the petitioner may deposit the requisite
amount of 25% before the appeal is heard.
4. Considering
the facts and circumstances, it appears that the appeal is preferred
by the petitioner, copy whereof is produced as Annexure-D and there
is also endorsement of having received the same on 10.4.2008. Mr
Mehta declared before the Court that the petitioner shall deposit 25%
of the amount before hearing of the appeal. Therefore, if the appeal
is ordered to be heard on merits, no prejudice will be caused.
5. Hence,
it is directed that;
petitioner
shall deposit 25% amount within two weeks from today.
After
the amount is deposited, the petitioner shall be at liberty to move
the authority, who is seized of the proceedings of the appeal, for
taking up of hearing of the appeal.
The
appellate authority shall hear the appeal as early as possible
preferably within a period of four months from making the
application by the petitioner.
5. The
petition is disposed of in terms of the aforesaid directions. No
order as to costs. DS permitted.
(JAYANT
PATEL, J.)
mandora/
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