IMTIYAZ UMAR DAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner, an Octroi Contractor, has challenged the order dated 13.04.00 by which the Deputy Secretary of the Government was pleased to cancel extension of 'ijara' for collection of octroi granted in favour of the petitioner. Having terminated the ijara, the Deputy Secretary directed the concerned Nagar Palika, i.e. Manavdar Nagarpalika, to collect octroi directly as per the rule for collection of revenue.

(2.) Initially, since the petitioner had made certain averments of malafides against the M.L.A. of the area in question, he was joined as party respondent No.4 as permitted by this Court by order dated 24.04.2000. Subsequently, learned advocate for the petitioner stated before the Court that he does not press the allegations of malafides against the MLA and accordingly, deleted respondent No.4. It may also be noted that learned Single Judge of this Court, on 08.10.01, observed that there is no case for granting of Interim Relief, and hence Interim Relief was refused.

(3.) In response to the notice issued by this Court, the Government has appeared and filed affidavit-in-reply. It is interalia stated therein that an amount of Rs.67,96,362/- was outstanding to be recovered from the petitioner by the Municipality and the Municipality was informed to initiate proceedings accordingly. Despite this, the Municipality initiated a proposal for giving extension of ijara in favour of the petitioner. This was turned down by the impugned order dated 13.04.2000.