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SCA/9518/1995 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9518 of 1995
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
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B
K GOGWAMI - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
HARIN P RAVAL for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/04/2010
ORAL
JUDGMENT
By
way of present petition, the petitioner has inter alia prayed for
quashing and setting aside the order dated 26th August
1994 at Annexure-F as well as order dated 28th September
1995 at Annexure-H.
When
this matter came up for admission hearing on 14th
November 1995, this Court (Coram:C.K. Thakkar, J) passed the
following order :
Notice
returnable on 29th November 1995.
By
way of ad-interim relief, it is open to the respondents to deduct an
amount of Rs.960/- instead of Rs.1920/- as ordered in Office Order
dated September 28, 1995. The above recovery however, will be
subject to the result of the petition and without prejudice to the
rights and contentions of the petitioner. Direct Service is
permitted.
Thus,
the petitioner has been granted ad interim relief by this Court and
the respondents were directed to deduct an amount of Rs.960/- i.e.
economic rent from the petitioner. Thereafter, when the present
petition came up for admission hearing on 19th July 1996,
this Court (Coram : R.M. Doshit, J) passed the following order:
Rule.
Ad-interim
order made earlier shall continue till further order. Respondents are
directed to file their affidavit-in-reply to the petition, if any,
before 30.12.1996.
It
is submitted by the learned
advocate for the petitioner
that in compliance of the aforesaid interlocutory order dated 14th
November 1995, the petitioner
has been granted the reliefs as directed by this Court. In view of
the same, in my opinion, it would not be appropriate for this Court
to disturb the said order passed in the year 1995 at
this stage after a period of almost 15 years. The
interest of justice would be met by disposing of the matter by
suitable directions to the parties.
It
is pertinent to note that in view of the aforesaid orders, the
respondents have been recovering the aforesaid amount i.e. Rs.960/-
which is the economic rent, from the petitioner. It is required to
be noted that till date no application vacating the ad interim
relief as well as the interim relief has been preferred by the
respondents. It is relevant to note that looking to the record, it
transpires that there is no affidavit-in-reply on record of the
petition.
In
view of aforesaid observations and discussion, the present petition
is hereby allowed. The impugned orders dated 26th August
1994 as well as 28th September 1995 are hereby quashed
and set aside and the same are modified to the effect that the
respondents will recover the economic rent from the petitioner i.e.
Rs.960/- per month from the petitioner in respect of the quarter
occupied by him. The
parties will be governed by the aforesaid interlocutory order
rendered by this Court. Rule is made absolute to the
aforesaid extent. No order as to costs.
It
is, however, made clear that in view of the interlocutory order, if
the recovery has already been made, there shall no be any further
recovery from the petitioner.
(K.S.
Jhaveri, J)
Aakar
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