Gujarat High Court
Junagadh vs Hayeshbhai on 12 August, 2008
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/5133/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5133 of 2008
=========================================================
JUNAGADH
MUNICIPAL CORPORATION - Petitioner(s)
Versus
HAYESHBHAI
N GADA - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1,
MR CHETAN P PANDYA for Respondent(s) : 1,
MR
PRANAV M RAVAL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/08/2008
ORAL
ORDER
By way of filing this petition under Article 227 of the Constitution of India, petitioner Junagadh Municipal Corporation has prayed for an appropriate writ, direction or order, quashing and setting side the judgment and order passed by the learned Principal Judge, Junagadh, dated 3.01.2006 passed in Municipal Appeal No.49 of 2005 as well as the order passed in Regular Miscellaneous Appeal No.50 of 2007 dated 31.08.2007 by the learned District Judge, Junagadh.
Considering the decision of the learned Single Judge of this Court in the case of Muljibhai Champaklal Shah v. State of Gujarat reported in 1995(2) GLH ? 442, holding that the Municipality or its Officers have no power to levy penalty except upon conviction of the person charged with evasion of octroi, it cannot be said that both the Courts below have committed any error. Hence, no interference is called for by this Court in exercise of power under Article 227 of the Constitution of India. Hence, present petition is required to be dismissed accordingly it is dismissed. Notice is discharged.
[ M. R. SHAH, J.] bdd.
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