Gujarat High Court Case Information System
Print
SCA/981/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 981 of 2010
=========================================
RAHULKUMAR
KAUSHIKBHAI MEHTA - Petitioner(s)
Versus
VADODARA
MUNICIPAL CORPORATION THROUGH COMMISSIONER & 1 - Respondent(s)
=========================================
Appearance :
MR
SP MAJMUDAR for
Petitioner(s) : 1,MR PP MAJMUDAR for Petitioner(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 1 - 2.
MR PRANAV G DESAI for
Respondent(s) : 1 - 2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 23/04/2010
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE H.N.DEVANI)
This
petition challenges the order dated 29th January 2009
issued by the respondent Corporation and seeks a further direction
against the respondent to consider and act as per the
objections/complaint of the petitioner dated 13th August
2003 by following the procedure as provided in the relevant Taxation
Rules.
Today,
the learned advocate for the petitioner has tendered proposed draft
amendment wherein it has been stated that vide order dated 19th
March 2010, the objections submitted by the petitioner have been
rejected. The said order also records that the warrant issued,
which was sought to be executed vide order of attachment dated 29th
January 2010 has been withdrawn.
In
the light of the aforesaid subsequent development, the grievance
ventilated in the present petition no longer survives. In the
circumstances, the petition has been rendered infructuous.
Insofar
as the proposed draft amendment is concerned, no case is made out to
amend the petition as nothing survives in the main petition. In
case the petitioner is aggrieved by the order rejecting the
objections raised by the petitioner, the same gives rise to a fresh
cause of action. Hence, the petitioner is at liberty to avail of
appropriate remedy against the said order.
In
the light of the aforesaid, the petition is disposed of as having
become infructuous. Notice is discharged.
[D.A.MEHTA,
J.]
[HARSHA
DEVANI, J.]
parmar*
Top