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LPA/994/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 994 of 2011
In
SPECIAL CIVIL APPLICATION No. 231 of 2011
To
LETTERS PATENT APPEAL No. 998 of 2011
In
SPECIAL CIVIL APPLICATION No. 845 of 2011
With
CIVIL
APPLICATION No. 7304 of 2011
In
LETTERS PATENT APPEAL No. 994 of 2011
To
CIVIL APPLICATION No. 7308 of
2011
In
LETTERS PATENT APPEAL No. 998 of 2011
=========================================
SULEMAN
HUSENBHAI ISHA Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION LTD & others
=========================================
Appearance
:
Mr.
Navin Pahwa for M/S THAKKAR ASSOC.
for Appellant
MR HARDIK C RAWAL for
Respondents
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/07/2011 COMMON ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Notice
on the respondents. Mr. Hardik C. Rawal accepts notice on behalf of
the respondents and waives notice. No separate notice be issued on
them. Counsel for the appellant will serve two copies of the
paper-book on him by tomorrow. The appeal may be disposed of at the
stage of admission. Post the matter on 28th
July 2011 along with Letters Patent Appeal No.972 of 2011.
Counsel
for the appellant sought for interim relief in terms of the order
dated 1st July 2011 passed in Letters Patent Appeal No.972
of 2011.
In
reply, Mr. Rawal, learned counsel for the Gujarat State Road
Transport Corporation Limited, submits that the appellants have not
paid licence fee to the Transport Corporation nor paid municipal tax
to their respective Municipal Corporations/Municipalities as such
Municipal Corporations will recover the amount from the
respondent-Transport Corporation.
Having
heard the learned counsel for the parties, we pass the following
interim orders.
During
the pendency of the appeals, if one or other licencee deposits
licence fee to the Transport Corporation for the period upto June
2011 and continues to pay such licence fee for the subsequent months
and produces receipt showing payment of municipal tax to their
respective Municipal Corporations/Municipalities for the period upto
June 2011, in such case licencee be allowed to run his sugar-cane
stall at the same place where he was running.
The
aforesaid order will be applicable in all cases including the case
in which this Court has already passed interim orders allowing one or
other appellant to run their sugar-cane stall. It is also made clear
that the interim order(s) passed by this Court will be applicable to
only the licencee who has been allowed to run such sugar-cane stall
and not the power of attorney holder.
If
one or other Licencee is not liable to pay municipal tax under the
law, he will have to obtain a certificate to that effect from his
concerned Municipal Corporation/Municipality and will submit the
same before the Transport Corporation. In case of non-compliance of
this order, such licencee will not be allowed to run the sugar-cane
stall.
The
Transport Corporation will forward a copy of this order to all the
concerned Municipal Corporations/Municipalities.
All
the Civil Applications stand disposed of with the aforesaid
observation. Direct service is permitted.
[S.J.
MUKHOPADHAYA, C.J.]
[ANANT
S. DAVE, J.]
[SWAMY]
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