JAGDISHBHAI SOMNATH DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr Neeraj Soni, learned Assistant Government Pleader waives service of Rule for the respondents. At the request of the learned counsel for the parties, the matter is taken up for hearing hearing today.

(2.) The sole grievance of the petitioner is that the recovery sought to be effected by the respondents of Rs.46,740.40 from the petitioner is illegal since the petitioner had submitted the bill in accordance with the requirements specified in the provisions of Newspaper (Price and Page) Act, 1956.

(3.) The record of the petition shows that the petitioner was served with a show-cause notice dated 30th May 2006 calling upon the petitioner to explain why all aforesaid amount should not be recovered since the petitioner had published an advertisement by using more space and not in accordance with the specification given to him. The explanation was required to be submitted within 15 days from the date of the receipt of the said notice. In response to the same, the petitioner submitted the reply on 9.6.2006 wherein the petitioner has explained how the bill was prepared and submitted. It also appears from the record that by communication addressed to the petitioner dated 26th June 2007 the respondent has not accepted the explanation and has repeated the demand of Rs.46,742.40.