STATE OF GUJARAT Vs. ALKABEN JAYESHBHAI JASANI

JUDGEMENT

(1.) The petitioner State Government is aggrieved by an order dated 21st October, 2008 passed by the learned Principal District Judge, Junagadh in exercise of powers conferred upon him by Section 70(4) of the Gujarat Municipalities Act, 1963 . (for short "the Act"). By the impugned order, learned Principal District Judge quashed and setaside the order dated 28th August, 2001 passed by the Director of Municipalities, fixing the liability of the petitioners under Section 70 of the Act in the sum of Rs. 50,72,000/and Rs.6,70,060/respectively for alleged misapplication of municipality funds.

(2.) One Mr.Imtiaz Umar Dal was awarded a contract for collection of Octroi on behalf of the Manavadar Municipality under Section 65 of the Act for the period between 1st April, 1998 and 31st March, 1999. Learned counsel for the petitioner on instructions states that even for the year 199798, the contract was given to the same contractor.

(3.) The contractor committed defaults, but, no action was taken during that period against him.