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1995 Supreme(Guj) 454

R.K.ABICHANDANI
AMTRAX APPLIANCES LIMITED – Appellant
Versus
SARPANCH,karannagar GRAM PANCHAYAT – Respondent


Advocates Appeared: A.H.Mehta, D.M.PARIKH, MIHIR J.THAKOR, TUSHAR MEHTA

R. K. ABICHANDANI, J.

( 1 ) THE petitioners seek a direction on the respondent nos. I and 2. consider the application of the petitioner No. 1 dated 25-9-1995 for fixing a lumpsum amount in lieu of all or any of the taxes and in particular octroi to be paid by the petitioner No. 1 to the Panchayat and to desist fromcollecting any octroi until the decision is taken on that application. Similar other petitions being Special Civil Application Nos. 8782 of 1995 to 8793 of 1995 were earlier filed and were heard and disposed of on 13-10-1995 by this Court. These petitions were dismissed as premature. The respondent-contractor was under Resolution No. 16 dated 7-7-1995 passed by the Gram Panchayat given contract to collect octroi. That Resolution was temporarily stayed by the District Development Officer on 10-10-1995 and in that order the District Development Officer had also directed that octroi should not be collected until further orders were made. It appears that thereafter on 13-10-1995 Regular Civil Suit No. 247 of 1995 was filed by the respondent contractor in the Mehsana Court of Civil Judge (S. D.) against the order of the District Development Officer. The petitioners have, theref





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