SCA/447120/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4471 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 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 ? ================================================= PRUTHVISINH RAMSINH MAKWANA - Petitioner Versus THE COLLECTOR & 2 - Respondents ================================================= Appearance : MR HARSHAD K PATEL for Petitioner: MR HUKUM SINGH, LD. AGP for Respondent : 1, NOTICE SERVED for Respondents : 1 - 3. MR UT MISHRA for Respondent : 2, MR MANISH J PATEL for Respondent : 3, ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 21/11/2008 ORAL JUDGMENT 1. Heard learned counsel for the petitioner. Rule. Learned counsels appearing for the respondents waives service of notice of rule. With the consent of the counsels for the parties, rule is fixed forthwith. SCA/447120/2008 2/2 JUDGMENT 2. The short question with regard to non-implementation of Recovery Certificate on the part of DDO is agitated in this petition. The affidavit in reply filed on behalf of respondent no.3 indicate that there was some attempt to recover the amount mentioned in the recovery certificate. 3. Looking to the prayers made in this petition, this petition deserves to be allowed with following orders. As the matter of Respondent No.2 being Special Civil Application No. 6533 of 2008 is dismissed by order of this Court on 21/11/2008, the Respondent No. 1 & 3 are hereby directed to take appropriate proceedings in accordance with law for realising the amount mentioned in the recovery certificate. An expeditious action in this behalf will have to be taken. The amount be realised within six months from today. Rule made absolute to the aforesaid extent. Liberty to the parties to approach this Court in case of difficulty. However, no order as to cost. [ S.R. BRAHMBHATT, J ] /vgn