PATEL MUKESH SOMDAS Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) RULE. Shri Munshaw, learned advocate waives service of notice of rule on behalf of respondent no. 1 and Shri Neeraj Soni, learned AGP waives service of notice of rule on behalf of respondent no. 2 in Special Civil Application No. 8912/2010 and Ms. Monali Bhatt, learned AGP waives service of notice of rule on behalf of respondent no. 2 in Special Civil Application No. 8913/2010.

(2.) In both these petitions respective petitioners have prayed for an appropriate writ, order or direction directing the respondents to recover the amount as per the recovery certificate issued by the labour Court, Kalol.

(3.) Heard the learned advocates appearing on behalf of the respective parties. It is reported that in fact the properties of the Company in question was already put to auction by the Mamlatdar and Alien Recovery Officer, Kadi. However, according to the Mamlatdar and Alien Recovery Officer, Kadi, as it was reported that there were some dues of the State Government and the Central Government, he postponed the auction of the property of the Company in question. The action of the concerned respondent in postponing the auction on the aforesaid ground is absolutely illegal and cannot be sustained. The Mamlatdar and Alien Recovery Officer, Kadi was required to auction the property and realize the amount and the aforesaid aspect with respect to the dues of the State Government and the Central Government was required to be considered at the time of actual payment considering the priorities under the relevant provisions of the Act. However, on the ground that there are some dues of the State Government and the Central Government, the Mamlatdar and Alien Recovery Officer, Kadi ought not to have and could not have stayed the auction of the property of the Company.