Gujarat High Court
Nileshbhai Madhubhai Vaniya vs State Of Gujarat & on 24 December, 2014
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/18838/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18838 of 2014
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NILESHBHAI MADHUBHAI VANIYA....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS NAMRATA J SHAH FOR MS. KRUTI M SHAH, ADVOCATE for the
Petitioner(s) No. 1
GOVERNMENT PLEADER for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 24/12/2014
ORAL ORDER
Heard Ms.Namrata J. Shah, learned advocate for Ms.Kruti M. Shah, learned advocate for the petitioner.
It is submitted that the petitioner has approached this Court without availing the alternative remedy for the reason that no opportunity of hearing has been granted to him before the impugned order has been passed, therefore, the principles of natural justice have been violated.
Page 1 of 3 C/SCA/18838/2014 ORDER
It is further submitted that the proceedings carried out by the respondents against the petitioner show an utter lack of application of mind, inasmuch as the notice issued to the petitioner is dated 12.12.2014, whereas, the impugned order has been passed a day earlier, that is, on 11.12.2014. It is further submitted that though the impugned order has been passed on 11.12.2014, which date is reflected in the first paragraph thereof, however, the last page of the order reflects the date as 17.09.2014. Hence, the proceedings against the present petitioner are not legally sustainable.
Learned advocate for the petitioner further submits that without prejudice to the above contentions, the petitioner is ready to pay the amount to the penalty to the respondents for the overloading of the vehicle.
Issue Notice for final disposal, returnable on 19.01.2015.
By way adinterim relief, it is directed that the Page 2 of 3 C/SCA/18838/2014 ORDER respondents shall not take any action pursuant to the order dated 11.12.2014, passed by respondent No.2.
In addition to the normal mode of service, Direct Service is also permitted.
(SMT. ABHILASHA KUMARI, J.) piyush Page 3 of 3