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SCA/5133/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5133 of 2008
=========================================================
JUNAGADH
MUNICIPAL CORPORATION - Petitioner(s)
Versus
HAYESHBHAI
N GADA - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1,
MR CHETAN P PANDYA for Respondent(s) : 1,
MR
PRANAV M RAVAL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/08/2008
ORAL
ORDER
By
way of filing this petition under Article 227 of the Constitution of
India, petitioner Junagadh Municipal Corporation has prayed for an
appropriate writ, direction or order, quashing and setting side the
judgment and order passed by the learned Principal Judge, Junagadh,
dated 3.01.2006 passed in Municipal Appeal No.49 of 2005 as well as
the order passed in Regular Miscellaneous Appeal No.50 of 2007 dated
31.08.2007 by the learned District Judge, Junagadh.
Considering
the decision of the learned Single Judge of this Court in the case of
Muljibhai
Champaklal
Shah v. State of Gujarat reported in 1995(2) GLH ? 442, holding
that the Municipality or its Officers have no power to levy penalty
except upon conviction of the person charged with evasion of octroi,
it cannot be said that both the Courts below have committed any
error. Hence, no interference is called for by this Court in
exercise of power under Article 227 of the Constitution of India.
Hence, present petition is required to be dismissed accordingly it is
dismissed. Notice is discharged.
[
M. R. SHAH, J.]
bdd.
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