STATE OF GUJARAT Vs. VASANTBHAI MULJIBHAI PATEL

JUDGEMENT

(1.) WE have heard Mr.Kashyap Pujara, learned AGP appearing for the appellants and Mr.Bharat T.Rao, learned advocate appearing for the respondents.

(2.) THIS Letters Patent Appeal has been filed by the appellants -original respondents challenging the judgment of the learned Single Judge dated 05.02.2014 passed in Special Civil Application No.17483 of 2013.

(3.) THE learned counsel for the appellants has urged that in view of the Rule 79 of the Rules, the amount could not be refunded and was supposed to be forfeited. The amount could be forfeited by the respondents only if the consent was given by the Commissioner and in pursuance thereof, the amount was deposited by the respondents. But this is not the facts of this case. In this case, the consent was not given by the Commissioner and the amount was deposited by the respondents prior to it and has withdrawn also prior granting of consent of commissioner. Therefore, Rule 79 will not come into place. The learned Single Judge has rightly directed to refund the amount to the respondents.