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SCA/9541/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9541 of 2010
=========================================================
CHEM
TRADERS - Petitioner(s)
Versus
DISTRICT
EDUCATION OFFICER & 4 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Petitioner(s) : 1,
Ms. Jirga Jhaveri, AGP for State Authority.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/08/2010
ORAL
ORDER
Heard
learned Advocate Mr. Mahendra K. Patel for petitioner and learned
AGP Ms. Jirga Jhaveri for respondent State Authority.
Grievance
of petitioner is that due amount has not been paid by respondent
State Authority for which there is no dispute raised by respondents
and, therefore, legal notice has been served by petitioner to
respondent authority dated 24.5.2010 and thereafter, petitioner has
received copy of one letter addressed by District Education Officer
to Commissioner, Mid Day Meal and Schools, Block No. 9, Old
Sachivalaya, Gandhinagar wherein request was made to grant
permission to pay amount of bills from contingency fund and
thereafter, reminder is also sent by petitioner to Commissioner, Mid
Day Meal and Schools dated 15.7.2010.
Learned
Advocate Mr. Patel for petitioner submitted that Principal of Bai
Saheba Girls High School, Rajkot has also requested that no sanction
order has been received from respondent authority and, therefore,
amount is not paid by respondent authority to petitioner and,
therefore, petitioner has filed this petition before this Court.
In
light of these facts and considering correspondence between
respondent authority and petitioner, it is directed to respondent
No.2 Commissioner, Mid Day Meal and Schools, Gandhinagar to consider
letter of District Education Officer, Rajkot dated 9th
June, 2010 and pass appropriate order on that letter and if the
amount claimed by petitioner is not disputed by respondent
authority, then, same is required to be sanctioned by respondent
authority immediately within period of two months from the date of
receipt of copy of this order and accordingly, necessary payment is
to be made to petitioner by respondent authority.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits. Direct Service
is Permitted.
(H.K.
Rathod,J.)
Vyas
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