R V VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner under Article 226 of the Constitution of India has challenged the order dated 23.9.1992 ordering the recovery of Rs.31,684=65ps from the petitioner for making good the damage sustained by the Corporation on account of petitioner's negligence.

(3.) THE entire petition is based upon the only ground that when the Corporation i.e. Civil Supply Corporation being a Company, has filed Special Civil Suit No. 22 of 1992 in the Court of Civil Judge (SD) for recovering the amount of Rs.31,684=65ps and when the said is awaiting its adjudication, it was not open to the concerned authority to order recovery as it is ordered vide order dated 23.9.1992.