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SCA/622/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 622 of 2009
=========================================================
MOTIBHAI
SOMABHAI DABHI & 7 - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
ND SONGARA for
Petitioner(s) : 1 - 5, 5.2.1, 5.2.2, 5.2.3,5.2.4 - 8.
MR ANAND L
SHARMA AGP for Respondent(s) : 1,
NOTICE SERVED for Respondent(s)
: 1 - 2.
SERVED BY AFFIX.(N) for Respondent(s) : 3 - 5.
MR
DHARMESH V SHAH for Respondent(s) : 6,
MR DIPEN A DESAI for
Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/03/2010
ORAL
ORDER
Heard
learned advocate Mr. ND Songara on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent no. 1. Notice served to
respondent no. 2, 3 and 5 but no appearance is filed by them,
learned advocate Mr. DV Shah appearing for respondent no. 6.
The
present petition is filed by petitioner with a prayer to direct
respondent Collector to recover amount from employer as per Recovery
Certificate issued by Controlling authority in favour of District
Collector, Anand. Shri Rashmikant Navinchandra Joshi, District
Collector, Anand has filed affidavit in reply and giving detail that
though sincere and effective steps have been taken, there is no
property remained belongs to employer which can be taken care by
Collector while selling same for recovering amounts due in favour of
petitioner. The residential property is attached by Vallbh
Vidhyanagar Cooperative Bank and machinery and other materials have
been attached by respondent no. 6 – Charotar Nagarik Sahakari Bank.
The residential property is with Vallbh Vidhyanagar Commercial
Co-operative Bank ltd taken in auction by Bank since more than three
years.
In
view of this fact, according to my opinion, effective steps have
been taken by District Collector to recover amount as mentioned in
recovery certificate, but it is very difficult to recover amount
from respondent employer. Let petitioner may find out any source of
property or any material, from which, District Collector, Anand can
recover amount from Employer. As and when such detail will be given
by petitioner to respondent District Collector, Anand, then it is
directed to District Collector, Anand to take effective steps as per
information supplied by petitioner for recovering amount as
mentioned in Recovery certificate.
In
view of above observation and direction, present petition is
disposed of without expressing any opinion on merits.
(H.K.RATHOD,
J)
asma
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