SCA/6305/1996 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6305 of 1996 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ? ========================================================= P V MAKWANA - Petitioner(s) Versus CHAIRMAN & 1 - Respondent(s) ========================================================= Appearance : MR SM MAZGAONKAR for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1, MRS KETTY A MEHTA for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 27/09/2006 ORAL JUDGMENT By way of this petition under Article 226 of the Constitution of India, the petitioner has basically prayed for an appropriate direction or order quashing and setting aside the impugned SCA/6305/1996 2/2 JUDGMENT show cause notice dated 9.7.1996. It appears that during the pendency of the present Special Civil Application, show cause notice issued against the petitioner was proceeded further and by order dated 7.7.2001/29.4.2004 final order of penalty has been passed. In view of the above, so far as the present Special Civil Application is concerned, the same has become infructuous. Hence, the present petition is dismissed as having become infructuous. Rule is discharged. Ad-interim stands vacated forthwith. It is, however, made clear that it will be open for the petitioner to challenge the order of penalty in accordance with law and on merits subject to delay, latches etc., on which this Court does not express any opinion. [ M.R. Shah, J. ] rmr.