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SCA/15648/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15648 of 2011
=========================================================
PRIYANKABEN
JAGDISHKUMAR PATEL - Petitioner(s)
Versus
REGISTRAR,KACHCHH
UNIVERSITY & 2 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 19/10/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. A.L.DAVE)
The
petitioner has approached this Court making the following prayers:-
“(a) Your
Lordship may be pleased to direct the respondent No.2 and 3 to refund
an amount of Rs.32,500/- which is charged in wrong and illegal manner
from the petitioner by way of issue a writ of mandamus and/or
certiorari or any other writ, order or directions as the Hon’ble
Court deems just and proper.
(b) —– —– —–
(c) — —– —- —–”
2. It
is clear from the averments made in the petition that the petitioner
seeks recovery of the fee collected by the respondents, which
according to the petitioner, is in excess of the entitlement of the
respondents to charge. Differently put, this petition is a civil suit
for recovery of money couched as a petition and, therefore, it cannot
be entertained. The petition need not be entertained on the ground of
delay as well. The petition fails and stands rejected.
[A.L.Dave,Actg.CJ.]
[J.B.Pardiwala,J.]
-patel
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