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1998 Supreme(Guj) 679

B.C.PATEL, C.K.BUCH
GANDHI ROAD LINES – Appellant
Versus
COLLECTOR OF BANASKANTHA – Respondent


Advocates Appeared: B.Y.MANKAD, SURESH M.SHAH

B. C. PATEL, J.

( 1 ) A partnership firm carrying on business of transport filed a writ petition in this court challenging the order of forfeiting the deposit by an order dated 24. 1. 1986 passed by the Collector. Learned Single Judge considering the submissions made by learned counsel appearing for the petitioner, dismissed the same vide order dated 7. 9. 1987. Hence present appeal.

( 2 ) THE appellant and the Banaskantha Jill Sahakari Kharid Vechan Sangh ( hereinafter referred to as the Sangh ) entered into an agreement on 5. 6. 1984 at Palanpur. The State Government was allocating quota of sugar and sugar products for proper distribution thereof in the districts of the State. From the preamble of the contract, it appears that transporter-appellant was entitled to get transport charges of sugar per kilometer per ton. Six slabs are stated in the preamble for different charges according to the distance. As per the conditions, the appellant was required to lift sugar from the factory situated within the State of Gujarat or from any other place or from the godown and was required to supply at various shops and/or godowns of Nominee. The appellant was also required to see that the quot
























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