Gujarat High Court Case Information System
Print
SCA/7919/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7919 of 2010
=========================================================
MOHANBHAI
RAMJIBHAI VAGHELA - Petitioner(s)
Versus
SHREE
CINEMA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
TR MISHRA for
Petitioner(s) : 1,
MR HAMESH C NAIDU for Respondent(s) : 1,
MS
MONALI BHATT, ASST.GOVERNMENT PLEADER for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/09/2010
ORAL
ORDER
By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed for appropriate writ, order and/or
direction, directing the respondent No.2 District Collector,
Ahmedabad to immediately recover an amount of Rs.1,60,000=00
(Rupees One Lac Sixty Thousand only) towards recovery of land
revenue with interest at the rate of 12% per annum under the
provisions of the Bombay Land Revenue Code.
In
pursuance of the notice issued by this Court, Ms.Monali Bhatt,
learned Assistant
Government Pleader has appeared on behalf of the respondent
No.2 The District Collector, Ahmedabad, and has filed
Affidavit-in-reply, affirmed by In-charge Mamlatdar, Alien Recovery
submitting that Collector has issued notice under section 152 of the
Bombay Land Revenue Code on 23/6/2010 and also issued notice under
sec.154 of the Bombay Land Revenue Code on 19/7/2010, after receipt
of the Recovery Certificate dtd.28/5/2010 from the Labour Court. It
is also stated in the Affidavit in reply that inspite of the receipt
of the notice no amount was deposited, and therefore, notice under
sec.200 of the Bombay Land Revenue Code for attachment of the
property has been issued on 11/8/2010 by the Collector. Ms.Monali
Bhatt, learned Assistant
Government Pleader has further submitted that further steps
pursuant to the aforesaid notices shall be taken at the earliest.
Mr.Hamesh
C.Naidu, learned advocate appearing on behalf of the respondent No.1
– Shree Cinema, has made a statement at the bar under the
instructions of his client that the respondent No.1 has deposited
the amount and now only an amount of Rs.40,000=00 is due and payable
by the respondent No.1 and the respondent No.1 shall pay the said
remaining amount of Rs.40,000=00 on or before 24/9/2010. He has
requested to make suitable observations and defer the attachment
proceedings at least till 27/9/2010.
In
view of the above present Special Civil Application is disposed of
by directing the respondent No.2 District Collector, Ahmedabad
and/or its subordinate officers to recover the balance amount due
and payable by the respondent No.1 – Shree Cinema at the earliest,
however in view of the statement made by Mr.Naidu, learned advocate
appearing on behalf of the respondent No.1, no further steps may be
taken till 27/9/2010 so as to enable the respondent No.1 to make
payment of the balance towards the amount due and payable by the
respondent No.1 as per the recovery certificate issued by the Labour
Court dtd.28/5/2010. If, for any reason, the balance amount is not
paid by the respondent No.1 Shree Cinema on or before 27/9/2010,
the respondent No.2 District Collector, Ahmedabad shall recover
the amount due and payable by the respondent No.1 after following
due procedure at the earliest. However, if the balance amount is
deposited by respondent No.1, no further steps are required to be
taken by the respondent No.2. With these present Special Civil
Application is disposed of.
[M.R.
SHAH, J.]
rafik
Top