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SCA/10948/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10948 of 2010
=========================================================
HARDIK
BHUPENDRABHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
UMANG K CHOKSI for
Petitioner(s) : 1,
MR AMIT PATEL AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/09/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Umang Choksi for petitioner and learned AGP
Mr.Amit Patel for respondent No.1.
2. In
present petition, the petitioner has challenged the order dated
28.2.2005 (Annexure-A). Learned advocate Mr.Choksi submitted that
notice dated 5.6.2004 is not received by petitioner and not served by
authority to petitioner.
3. If
that be so, let petitioner may approach to Dy. Collector, Stamp Duty
Office, Part-1, Ahmedabad by detailed representation in respect to
fact as to whether notice dated 5.6.2004 is served to petitioner or
not, within a period of one month from date of receiving copy of
present order.
4. As
and when respondent No.3 – Dy. Collector, Stamp Duty Office, Part-1,
Ahmedabad receives such representation from petitioner, it is
directed to respondent No.3 – Dy. Collector, Stamp Duty Office,
Part-1, Ahmedabad to consider such representation which has been made
by petitioner and find from original record as to whether notice
dated 5.6.2004 issued by Collector Stamps is received by petitioner
or not and whether such notice was served to petitioner at original
correct address or not and thereafter, to pass appropriate reasoned
order in accordance with law, within a period of four months from
date of receiving such representation from petitioner 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.
(H.K.RATHOD,J.)
(vipul)
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