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SCA/1063/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1063 of 2010
=========================================================
ZALAK
CHANDRESH RAJ MOURYA & 77 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1 - 78.
MS VANDANA BHATT AGP for Respondent(s) :
1 - 2.
NOTICE SERVED BY DS for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/04/2010
ORAL
ORDER
1. Heard
learned advocate Mr.HirenModi for petitioners and learned AGP
Ms.Vandana Bhatt for respondent Nos.1 and 2.
2. Notice
has been served to respondent No.3 Suntex Industries Pvt. Ltd.
but, no appearance is filed by respondent No.3 in present
proceedings. Therefore, matter has been taken up for hearing in
absence of respondent No.3.
3. Present
petition is filed by petitioners with a prayer to direct respondent
No.2 District Collector, Surat to recover the amount of
Rs.15,74,100/- from respondent No.3 by executing recovery certificate
which has been issued by Labour Court, Surat while exercising powers
under the provisions of Bombay Land Revenue Code.
4. Learned
advocate Mr.Modi submitted that recovery certificate has been issued
by Labour Court, Surat in favour of District Collector, Surat dated
2.4.2007. For that, more than 3 years have passed but, no effective
steps have been taken by District Collector, Surat to recover the
amount as mentioned in recovery certificate.
5. Learned
AGP Ms.Vandana Bhatt submitted that effective steps have been
initiated by District Collector, Surat while issuing notice as
required under the Act for recovering the amount from respondent
No.3. She also submitted that some more time is necessary to complete
recovery proceedings as per recovery certificate.
6. In
light of this submissions made by both learned advocates, the
District Collector, Surat is directed to recover the amount as
indicated in recovery certificate dated 2.4.2007 (Annexure-B,
Page-15) from respondent No.3 by taking effective steps as required
under the provisions of Bombay Land Revenue Code and complete the
recovery proceedings, within a period of three months from date of
receiving copy of present order, failing which this Court will take
serious view in this matter.
7. In
view of aforesaid observations and directions, present petition is
disposed of. Notice is discharged. Direct service is permitted.
(H.K.Rathod,J.)
(vipul)
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