AMBICA CEMENT PIPE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) HEARD Mr.B.M.Mangukiya, learned advocate for the petitioner and Ms.Nisha M.Thakore, learned Assistant Government Pleader for the respondents. It is submitted by learned counsel for the petitioner that impugned order dated 13.08.2008 has been passed by the Collector, Porbandar, without granting an opportunity of hearing to the petitioner. In support of his above submission, reliance has been placed upon a judgment of this Court in Bharatbhai Kantilal Jethwa v. State of Gujarat and Ors. - 2006(2) GLH 303, wherein this Court has held that while fixing the premium, the principles of natural justice ought to be followed and it was incumbent upon the Collector to grant an opportunity of hearing to the petitioner. Ms.Nisha M.Thakore, learned Assistant Government Pleader, has not been successful in pointing out any document from the record of the petition to show that an opportunity of hearing was granted to the petitioner. No affidavit-in-reply has been filed on behalf of the State Government, therefore, this contention of learned advocate for the petitioner is not rebutted.