SCA/2849720/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 28497 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SURESHBHAI ISHWARBHAI PATEL - Petitioner(s) Versus THE DISTRICT SUPPLY OFFICER & 2 - Respondent(s) ========================================================= Appearance : MR AM PAREKH for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1 - 3. MS KOTECHA, AGP for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 29/07/2008 ORAL JUDGMENT 1. Rule. Ms.Kotecha, learned AGP waives service of notice of Rule for the respondent State SCA/2849720/2007 2/3 JUDGMENT Authorities. 2. The petitioner by this petition has challenged the order passed by the State Government dated 4.10.2007, whereby the order for imposition of penalty is confirmed and it is ordered to restart the authorization. 3. Heard Mr.Parekh, learned Counsel for the petitioner and Ms.Kotecha, learned AGP for the State Authorities. 4. Mr.Parekh at the outset submitted that he is not challenging the order passed by the State Government on merits, however, he only prays for grant of time to pay the penalty by instalments. In support of his submission, he relied upon the order dated 26.11.2007 passed by the coordinate Bench of this Court (Coram: A.S. Dave, J.) in Special Civil Application No.29158 of 2007. As such, if the petitioner is desirous to pay the penalty, such indulgence can be granted and the same, in any case, would not aversely prejudice the rights of the respondents. 5. Hence, the following directions :- (a) The petitioner shall pay the SCA/2849720/2007 3/3 JUDGMENT penalty of Rs.83,184/- in two parts namely; that after the payment of Rs.40,000/- towards penalty, the authorization shall be restarted and the remaining amount of Rs.43,184/- shall be paid in equal instalments of Rs.10,000/- each every month from the next month of restarting the authorization and the last instalment would be of Rs.13,184/-. (b) The order passed by the State Government shall stand modified to the aforesaid extent. 6. The petition is partly allowed to the aforesaid extent. Rule made absolute accordingly. Direct service is permitted. 29.7.2008 (Jayant Patel, J.) vinod