MOHAN TRADERS Vs. AHMEDABAD MUNCIPAL CORPORATION

JUDGEMENT

(1.) THE short facts of the case appear to be that the petitioner is having shop in the Municipal building. On 6. 1. 2003 as per the petitioner 80 tins of Cottonseeds Oil of Balaji Brand were seized by the officer of the respondent Corporation without giving any notice and without drawing any Panchnama. As per the petitioner the action was in high-handed manner. Therefore, it is under these circumstances, the present petition.

(2.) HEARD Mr. Ahuja learned Counsel appearing for the petitioner. Mr. Nagarkar learned Counsel appearing for the respondent is not present, therefore, Court has taken into consideration the contentions of the affidavit-in-reply for deciding merits of the matter.

(3.) IT was contended on behalf of the petitioner that the action was arbitrary action on the part of the respondent Corporation and its officers inasmuch as the tins were lying inside the shop and they were taken over by the officer of the Corporation without giving any notice or without drawing any Panchnama. Therefore, this Court may direct respondent Corporation to return the same by quashing and setting aside the said action.