IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5463 of 1990 For Approval and Signature: HON'BLE MR.JUSTICE M.S.SHAH and HON'BLE MR.JUSTICE A.M.KAPADIA ============================================================ 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? -------------------------------------------------------------- M/S. BHARAT YATRA SANGH Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5463 of 1990 MR JASHBHAI P PATEL for Petitioner No. 1 MR SIRAJ GORI AGP for Respondent No. 1 RULE SERVED for Respondent No. 2 PARTY-IN-PERSON for Respondent No. 3 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.S.SHAH and HON'BLE MR.JUSTICE A.M.KAPADIA Date of decision: 05/05/2004 ORAL JUDGEMENT (Per : HON'BLE MR.JUSTICE M.S.SHAH) Heard Ms. Desai learned counsel for the petitioner and Mr. Siraj Gori, learned AGP for respondent No.1 - State of Gujarat. 2. In view of the passage of time, the petition has become infructuous because the question whether the petitioner is required to pay additional tax was determined against the petitioner and the petitioner had already paid the amount of Rs.8,000/- and odd amount. Looking to the smallness of the amount involved in the matter and the fact that the petition has become infructuous as stated above, we are not inclined to go into the merits of the petition. But we would reserve liberty to the petitioner to raise similar challenge in future in case it becomes so necessary for the petitioner. Rule is accordingly discharged with no order as to costs. (M.S. Shah, J.) (A.M. Kapadia, J.) --- (karan)