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SCA/10909/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10909 of 2010
=========================================================
LATHIYA
NAGJIBHAI HARJIBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DEVARSHI D VAIDYA for
Petitioner(s) : 1,
MR AMIT PATEL, AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/09/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
The
grievance of present petition is that Deputy Collector has decided
the matter in absence of petitioner by order dated 31st
August 2000 and no notice has been received by petitioner as well as
no reasonable opportunity of hearing has been given to petitioner by
Deputy Collector, therefore, present petition is filed.
Learned
advocate Mr. Vaidya submitted that appeal preferred by petitioner is
also rejected on the ground of delay, because, it was not preferred
within a period of 60 days from the date of order passed by Deputy
Collector on 31st August 2000.
In
light of this background and averments made in present petition, let
petitioner may make detailed representation to Deputy Collector,
Stamp Duty Valuation Office, Bhavnagar within a period of one month
from the date of receiving copy of present order.
As
and when Deputy Collector concerned received such representation from
the petitioner, it is directed to Deputy Collector concerned to
consider such representation on the basis of original record and to
find out whether notice issued by Deputy Collector to petitioner has
been received by petitioner or not and whether any acknowledge is on
record or not as well as whether order dated 31st August
2000 passed by Deputy Collector has been served to petitioner or not
and thereafter to pass appropriate reasoned order within a period of
two months from the date of receiving such representation from
petitioner and communicate decision to petitioner immediately.
In
view of above observation and direction, present petition is disposed
of by this Court without expressing any opinion on merits.
[H.K.
RATHOD, J.]
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