NILESHKUMAR BABUBHAI PATEL Vs. DEPUTY COLLECTOR AND 2

JUDGEMENT

(1.) Leave to amend as per the draft amendment. The petitioner is directed to carry out the amendment forthwith.

(2.) RULE. Ms. Manisha Narsinghani, learned Assistant Government Pleader waives service of rule on behalf of respondents. Looking to the issue involved in the petition, the same is taken up for final hearing today.

(3.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the order dated 23.04.2001 passed by the respondent No.1. Alternatively, the petitioner has prayed for the direction to the respondent No.3 to hear the appeal filed by the petitioner on 18/19.07.2001 and during the pendency of the appeal, notice issued by the respondent No.2 dated 01.09.2009 may be stayed. The petitioner has also moved draft amendment and as per the draft amendment, the petitioner has challenged the order passed by the respondent No.3 on 27.03.2010 whereby the appeal filed by the petitioner on 07.10.2009 was dismissed on the ground that requisite deposit of 25% of the duty amount was not paid by the petitioner.