KRISHNA GOPAL R SANDHIR Vs. OCTROI SUPERINTENDENT

JUDGEMENT

(1.) This petition has been filed with the main purpose of getting the goods detained by respondents authority released. The goods have been detained by respondents' Octroi Authority on the ground that the octroi for the import of the goods within the limits of Ahmedabad City has not been paid.

(2.) I have heard Mr. Paresh Dave appearing with Mr. Maulin Pandya, learned advocate for the petitioner and Mr. RM Chhaya, learned advocate for respondents. I have also perused record of the petition. It is submitted by Mr. Dave that the petitioner is willing to pay the octroi dues of the respondents and, therefore, they may be directed to release the goods upon payment of octroi duty.

(3.) I have carefully considered the submissions as well as the record of the petition. I have also perused the communication dated 19/6/2007 which is addressed to the petitioner by the Assistant Manager [I.B./Checking], Octroi Department, in this behalf. The Sales Tax Department has in no uncertain terms asked the respondents not to release the goods unless the clearance has been given by it. The purpose for such direction has been adequately stated in the communication dated 12/1/2007. In view of the same, it is not possible to give any direction to the respondents directing them to straightaway release the goods upon payment of the octroi and other dues by the petitioner. However, the petitioner is at liberty to obtain either 'no objection certificate' or the receipt of payment of sales tax dues from the said Department and produce it before the respondents. Upon production of such document before the respondents and payment of the octroi and other dues, the respondents will release the goods of the petitioner forthwith. As and when the petitioner approaches the Sales Tax Department, it is hoped that the said Department will take immediate action on the request of the petitioner.