GUJARAT CONSTRUCTION COMPANY Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner had challenged the resolution no. 108 of 1999 dated 29. 5. 1999 passed by the Gujarat Housing Board, Ahmedabad permanently debarring the petitioner on account of serious irregularities in the works carried by the petitioner's firm. It appears that the petitioner was given a show cause notice dated 1. 12. 2009 before taking impugned decision and the petitioner gave its reply dated 10. 12. 1988 through advocate Mr. KG Sukhwani.

(2.) IN response to the notice issued by this Court, affidavit in reply came to be filed by the respondent Housing Board on 30. 9. 1999. It appears that thereafter rule was issued on 26. 9. 2001. When the matter reached hearing on 27. 7. 2009, Mr. KG Sukhwani for the petitioner stated that the petitioner had taken away the papers from him and therefore he would like to retire from the matter. Since alternative arrangements were not made by the petitioners, permission as sought for was not granted to Mr. KG Sukhwani but Mr. KG Sukhwani was permitted to send notice to the petitioner informing the petitioner firm about the next date of hearing i. e. 20. 8. 2009. It was also made clear that since this is an old matter, no further time will be granted. It appears from the cause list that the notice sent to the petitioner has been returned unserved as the petitioner no. 1 is not found at the given address and another company is carrying on business at that place as per the bailiff report.

(3.) IN view of the above, it appears that the petitioner firm is not interested in prosecuting this petition. It is not certain as to whether the petitioner firm continues to exist as on today.