SCA/8366/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8366 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 ? ========================================================= PARMABHAI KHUSALBHAI PARMAR - Petitioner Versus DISTRICT COLLECTOR ALIEN RECOVERY DEPARTMENT & 1 - Respondents ========================================================= Appearance : MR TR MISHRA for Petitioner:MR UT MISHRA for Petitioner: MS VS PATHAK AGP for Respondent : 1, NOTICE SERVED for Respondent : 1, MR CHIRAG M PAWAR for Respondent: 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 15/09/2008 ORAL JUDGMENT 1. Rule. Ms. Pathak, learned AGP waives service of SCA/8366/2008 2/2 JUDGMENT Rule for respondent No. 1. No one appear for respondent No. 2. 2. The petitioner has approached this Court under Article 226 of the Constitution of India seeking appropriate writ of mandamus or any other writ, order or direction to respondent No. 1 for implementing and effecting the recovery certificate dated 28.9.2007 for recovering of the sum mentioned thereunder. 3. Ms. Pathak, learned AGP submitted that certificate is required to be effected and hence some time be stipulated so that the same could be effected. 4. In view of this, this petition is disposed of with following direction : The respondent No. 1 is hereby directed to have the recovery certificate implemented and recovered the amount mentioned thereunder in accordance with law within a period of 90 days from the receipt of the process of writ of this Court. 5. With aforesaid direction, the petition is disposed of. Rule is made absolute to the aforesaid extent. There shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav