IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4483 of 1997 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- MOHANBHAI HARIBHAI SOJITRA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 4483 of 1997 MRS KOKILA V ASHAR for Petitioner No. 1-2 MR LB DABHI A.G.P. for Respondent No. 1-2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 20/12/2004 ORAL JUDGEMENT 1. Even in the third call, learned advocate for the petitioner is not present. 2. The petitioners have by way of this petition challenged the order dated 11th February, 1997 passed by respondent no. 1, whereby the order passed by the Collector is upheld. 3. Having perused the relevant record, it appears that while admitting the matter, this Court has refused the interim relief. However, the term of the municipality was extended from time to time and for further extension, expenditure were incurred by the councillors. In view of that, order with regard to recovery of amount was passed against the councillors. Moreover, by afflux of time, the amount might have been recovered from the petitioners. 4. In that view of the matter, now nothing survives in this matter. Hence, the petition stands disposed of as having become infructuous. Rule is discharged with no order as to costs. [K.S. JHAVERI, J.] /phalguni/