(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The basis of the present petition is the alleged breach and non-compliance to the order dated 06.07.2011 passed by the learned Single Judge of this Court in Special Civil Application No.5122/11, whereby the order passed without hearing was quashed and it was directed to the respondents to give an opportunity of hearing to the petitioner and to pass a fresh order.
Mr.Pandit, learned counsel appearing for the petitioner submitted that there is no fresh order passed but the order dated 07.07.2012 which is stated to have been passed by way of compliance is on the premise that the earlier order dated 31.03.2011 was to be maintained for recovery of the amount.
Whereas the learned AGP Mr.Dave states that earlier order dated 31.03.2011 would no more survive since it is already quashed by this Court and the present order dated 07.07.2012 is to be treated as a fresh order after giving opportunity of hearing to the petitioner.
Mr.Pandit, learned counsel further states that the petitioner would like to challenge the said order if it is to be treated as a fresh order and it is prayed that recovery may not be effected as per the impugned order for a reasonable time and during the said period, the petitioner may resort to appropriate proceedings.
Mr.Dave, learned AGP under the instructions of Mr.H.B. Pandya, Superintending Engineer states that the effect shall not be given to the order dated 07.07.2012 for recovery of the amount for a period of four weeks.
Under the circumstances, as the order dated 07.07.2012 is passed, no further action deserves to be taken but while disposing of the matter, we direct the respondents to abide by the declaration for not giving effect for a period of four weeks. It is also observed that in the event the order dated 07.07.2012 is challenged by the substantive proceedings, the rights and contentions of both the sides shall remain open.
Subject to the aforesaid observations and directions, the petition is disposed of. Notice discharged.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top