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SCA/9219/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9219 of 2008
=========================================
RATILAL
KHIMJIBHAI PARMAR - Petitioner(s)
Versus
DISTRICT
COLLECTOR & 1 - Respondent(s)
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Appearance :
MR
PH PATHAK for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 2.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 14/07/2008
ORAL
ORDER
1. The
petitioner, in this case, has approached this Court under Articles 14
and 16 of the Constitution of India against the action of not
complying the order of Controlling Authority as well as inaction in
executing the Recovery Certificate issued by the Controlling
Authority way back in January, 1999. It is astonishing as well as
shocking that the respondent No.1 has not taken any action, despite
the order passed by this Court in Special Civil Application No.5364
of 1999 and the Local Authority i.e. Kalol Nagarpalika has also not
complied with the order of Authority as well as this Court, and has
not paid the amount towards the gratuity.
2. Learned
A.G.P. Ms. Nisha Parikh to ensure that the reply affidavit shall be
filed without any default on or before 18.7.2008, explaining the
delay caused by the respondent No.1 in not recovering the amount
towards the gratuity. The respondent No.2 is also directed to file
affidavit, on record with name and designation of the person, who
has disobeyed the order of the Controlling Authority for last nine
years. The respondent No.2 shall also put on record his own
explanation as to why he also not taken any action in the matter and
not complied with the order of the Controlling Authority. The
respondents No.1 and 2 are also directed to tender explanation in
their affidavit as to why they should not be personally held liable
for the payment of interest and cost of the present petition. The
affidavits to be filed before or on 18.7.2008. S.O. to 18.7.2008.
Direct service is permitted today.
(K.M.THAKER,
J.)
ynvyas
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