Gujarat High Court Case Information System
Print
SCA/4630/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4630 of 2010
=========================================
PANKAJBHAI
BHUPATRAI RATHOD
Versus
EX.OFFICIO
RECOVERY OFFICER & 2
=========================================
Appearance
:
MR RR TRIVEDI for Petitioner
MR
BHAVESH P TRIVEDI for Petitioner
None for Respondent(s) : 1 2
MS
MANISHA NARSINGHANI, AGP for Respondent
No.3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 15/04/2010
ORAL
ORDER
[1] The petitioner has
filed this petition under Article 226 of the Constitution of India
challenging the recovery notice issued by the Deputy Mamlatdar,
Rajkot on 26th February, 2010. It is the case of the
petitioner that prior to the issuance of the notice, the petitioner
has not received any notice nor any order from the respondent
authority and hence, the impugned notice is absolutely illegal and
deserves to be quashed and set aside.
[2] Heard Mr.B. P.
Trivedi, learned advocate appearing for the petitioner and Ms.Manisha
Narsinghani, learned AGP appearing for the respondent No.3, on
advance copy being served to the office of the Government Pleader.
Having perused the memo of the petition along with the documents, it
appears that the petitioner has straightway challenged the impugned
notice without approaching the authorities and pointing out them that
the petitioner has not received any notice or order. Almost in all
other matters, when such a grievance is raised by the petitioners,
the authorities supply the copy of the notice as well as order and,
thereafter they approach this Court. The petitioner has moved without
undergoing this process. The Court is, therefore, not entertaining
this petition at this stage and is directing the petitioner to
approach the authorities for supplying of the notice and / or order,
if the same were issued and / or passed and on receipt of such notice
and / or order, it is open for the petitioner to challenge the same
before the appropriate forum. It is sured that on such request being
made by the petitioner, the respondent will supply the certified
copies of the orders, and if there is any substance in the say of the
petitioner that the notice as well as order are not served on the
petitioner, the petitioner will take appropriate action to challenge
the said notice and / or order, before the appropriate authority.
[3] With these
directions and observations, this petition is accordingly disposed
of. Direct service is permitted.
[
K. A. PUJ, J. ]
(vijay)
Top