The learned Senior Advocate submits that he may be permitted to place on record the envelope containing the notice sent by the District Development Officer (Respondent No.4) to the petitioner. He is permitted to do so.
Heard Mr.Manish R. Bhatt, learned Senior Advocate with Ms.Manisha Sharma, learned advocate for the petitioner. It is submitted by him that pursuant to letter dated 17/22.08.2006 of the State Government, the petitioner-Company gave a Bank Guarantee for Rs.61,55,463.40Ps. on 09.10.2006. This amount was subsequently enhanced to Rs.86,70,656/-. It is further submitted that as per the covenant of lease entered into by the State Government with the petitioner-Company, which is a special contract, the petitioner is not liable to pay land revenue, therefore, the amount that is stated to be the arrears of land revenue is not payable by the petitioner-Company, especially in view of the judgment of the Division Bench of this Court in Oil & Natural Gas Corporation Limited Vs. Taluka Panchayat, Khambhat and another reported in (2006) 2 GLR 987. It is further submitted that without informing the petitioner - Company or granting it an opportunity of hearing, the Taluka Development Officer, by his letter dated 29.03.2012 to the General Manager, IDBI Bank, has invoked the Bank Guarantee. It is stated by the learned Senior Advocate that the Bank (Respondent No.6) has not remitted the amount, so far. It is contended that the Bank Guarantee has been given as far back as in the year 2006. Before the decision dated 19/24.11.2011 taken by the District Development Officer could be communicated to the petitioner-Company, the Taluka Development Officer has invoked the Bank Guarantee. That the letter dated 19/24.11.2011 was posted by the District Development Officer on 30.03.2012 and received by the petitioner - Company on 31.03.2012. It is, therefore, contended that the principles of natural justice have been violated, as the said action has been taken without intimating the petitioner - Company or granting it an opportunity of hearing.
Issue Notice returnable on 03.05.2012.
By way of ad-interim relief, it is directed that, if respondent No.6-Bank has not remitted the Bank Guarantee, as of today, the same shall not be remitted, till the next date of hearing.
In addition to the normal mode of service, Direct Service, today, is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top