SCA/8766/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8766 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= ALLAUDDIN JAMALUDDIN - Petitioner(s) Versus COLLECTOR (AHMEDABAD DISTRICT) & 1 - Respondent(s) ========================================================= Appearance : MR ARVIND K THAKUR for Petitioner(s) : 1, MR KD PANDYA ASSISTNAT GOVERNMENT PLEADER for Respondent(s) : 1, MR RV DESAI for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 27/08/2008 ORAL JUDGMENT 1. RULE. Mr. K.D. Pandya, Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1 SCA/8766/2008 2/4 JUDGMENT 2. Mr. Pandya, learned Assistant Government Pleader has tendered further affidavit-in-reply dated 26.8.2008 in the Court. Copy of the affidavit-in- reply is also given to Mr. A.K. Thakore, learned advocate for the petitioner. At the request of the learned Assistant Government Pleader and with the consent of the petitioner's learned advocate and in light of the averments made in further affidavit the petition is taken up for final hearing today. 3. Present petition has been filed with request for direction to the respondent No.1 i.e. Collector, Ahmedabad District, to execute recovery certificate. Subject matter of the present petition is recovery certificate dated 7.9.2008 for an amount of Rs.58,000/-, which as per the allegation of the petitioner has not been executed since 2000 by the respondent No.1. 4. Earlier reply affidavit dated 7.8.2008 was filed on behalf of the respondent No.1 explaining reasons for delay in executing said recovery certificate. 5. Today, further affidavit has been filed by SCA/8766/2008 3/4 JUDGMENT respondent No.1. In the said further affidavit, the respondent No.1 has mentioned that the whole amount of Rs.58,000/- has been recovered pursuant to the action taken by the office of the respondent NO.1 and two cheques one for Rs.30,000/- and another for Rs.30,900/-, totaling Rs.60,900/- (including 5% surcharge) is received from judgment debtor M/s. Dipak Automobiles and the same would be paid to the petitioner by office of the respondent No.1. In view of the said affidavit and in view of the fact that the amount of recovery certificate has been received and certificate is executed. The petition is rendered infructuous. 6. In view of the said affidavit reply, the respondent No.1 shall make the payment to the petitioner on or before 8.9.2008. 7. With the aforesaid clarification and direction, the petition is disposed of as the relief prayed for by the petitioner is duly realized. Rule is discharged. SCA/8766/2008 4/4 JUDGMENT (K.M.THAKER, J.) ynvyas