Shokatali Barkatali Hemani vs State Of Gujarat & on 23 December, 2014

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Gujarat High Court

Shokatali Barkatali Hemani vs State Of Gujarat & on 23 December, 2014

Bench: Abhilasha Kumari

         C/SCA/18564/2014                                ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 18564 of 2014

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              SHOKATALI BARKATALI HEMANI....Petitioner(s)
                              Versus
                STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
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 : 23/12/2014


                             ORAL ORDER

1. Heard Ms.Kruti M. Shah, learned advocate for the petitioner.

2. It is submitted that the petitioner has approached this Court without availing of 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.

3. It is further submitted that the proceedings carried out by the respondents against the petitioner show an utter lack of application of Page 1 of 3 C/SCA/18564/2014 ORDER mind, inasmuch as the notice issued to the petitioner is dated 12.12.2014, whereas, the impugned order has been passed a day earlier i.e. 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.

4. Learned advocate for the petitioner further submits that without prejudice to the above contentions, the petitioner is ready to pay the amount of penalty to the respondents for the overloading of the vehicle.

5. Issue Notice for final disposal, returnable on 19.01.2015.

6. By way of adinterim relief, it is directed that the respondents shall not take any action pursuant to the order dated 11.12.2014, passed by the respondent No.2.

7. In addition to the normal mode of service, direct service is also permitted.

Page 2 of 3 C/SCA/18564/2014 ORDER

(SMT. ABHILASHA KUMARI, J.) ANKIT Page 3 of 3

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