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SCA/13395/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13395 of 2010
=========================================================
ASHOKKUMAR
SHANKARDAS MANCHANDA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
UMANG K CHOKSI for
Petitioner(s) : 1,
MR AL SHARMA AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/10/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Umang K. Choksi for petitioner and learned AGP
Mr.A.L.Sharma for respondent No.1.
2. In
this matter, the Dy. Collector has passed an order on 15.12.2000.
Before that, on 15.11.2000, a registered notice was served to
petitioner and after hearing the petitioner, order has been passed by
Dy. Collector.
3. The
contention raised by learned advocate Mr.Choksi that reply filed by
petitioner was not considered by Dy. Collector. Therefore, against
the aforesaid order passed by Dy. Collector dated 15.12.2000, appeal
was preferred by petitioner on 26.2.2001 and on the same day, 25%
amount is also deposited by petitioner. He also submitted that till
date, said appeal is not decided by respondent Chief Controlling
Revenue Authority and is pending before the said authority. He also
submitted that petitioner has not received any intimation from
respondent authorities in respect to fixing of hearing of appeal.
Therefore, according to his submission, this appeal is still pending
before respondent Chief Controlling Revenue Authority.
4. In
light of this background, if so far aforesaid appeal preferred on
26.2.2001 by petitioner is not decided and if it is pending, then it
is directed to respondent Chief Controlling Revenue Authority to
decide appeal preferred by petitioner on 26.2.2001 (Annexure-E,
Page-13) after giving reasonable opportunity of hearing to petitioner
and then, to pass appropriate reasoned order in accordance with law,
within a period of four months from date of receiving copy of present
order and communicate the decision to petitioner immediately.
5. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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