SCA/18945/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 18945 of 2007 ========================================================= DIJAS COTTONSEED OIL INDUSTRIES - Petitioner(s) Versus THE STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR DEVANG BHATT for MR PS CHAMPANERI for Petitioner(s) : 1, MR HUKUM SINGH ASSISTANT GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 2 - 4. ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 01/07/2008 ORAL ORDER
1. When
the matter is taken up today, Mr. Devang Bhatt, learned advocate for
Mr. P.S. Champaneri, learned counsel for the petitioners, has
tendered a copy of the order dated 7th August, 2007 of the
Division Bench of this Court in Special Civil Application No. 23091
of 2006 and has submitted that in view of the above order, the writ
petition does not survive. It is further prayed by the learned
counsel for the petitioners that this Court may issue directions,
similar to the ones issued by the Division Bench in paragraph 7 of
the above mentioned order. The order dated 7th August,
2007 in Special Civil Application No. 23091 of 2006 is taken on the
record of the case.
2. The
grievance of the petitioners is that the respondent no. 3 has
demanded an amount of Rs.1,20,327/- towards the educational cess and
property tax from the petitioners. By order dated 7th
August, 2007, passed in Special Civil Application No. 23091 of 2006,
the levy of educational cess and property tax in respect of the
property of the petitioners in that case, has been upheld by the
Division Bench and the same principles of law will apply to the case
of the petitioners. However, while disposing of Special Civil
Application No. 23091 of 2006, the Division Bench has directed that
the petitioners therein shall pay the amount of educational cess and
property tax and arrears thereof, in 12 equal monthly installments.
Similar directions can be passed in the preset case, as well.
2.1.
It is, therefore, directed that the petitioners will pay the amount
of educational cess and property tax as well as arrears accruing
thereupon, till date, in 12 equal monthly installments, commencing
from 1st August, 2008 and an undertaking to this effect
shall be filed by the petitioners on or before 15th July,
2008.
2.2.
In case the petitioners commit breach of the above undertaking and
there is any default in payment of any installments, the respondent
authorities will be at liberty to make the recovery in accordance
with law.
3. Subject
to the above directions, the petition is disposed of. Notice is
discharged. Interim relief, if any, stands vacated.
[Smt.
Abhilasha Kumari, J.]
/phalguni/