Petitioner challenged demand letters demanding recovery of an amount without prior hearing. Court directed Respondent to expedite decision on Representation dated 28.07.2014 within one month and stay coercive steps until then.
Direction to decide representation within one month; stay of coercive steps pending decision.
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S.B. Civil Writ Petition No.11175/ 2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Writ Petition No.11175/ 2014
Golden India Foundation-Petitioner Versus Rajasthan Housing Board & Ors.-Respondents
Date of Order-: : -12th May, 2015
Hon ' ble Ms. Ju st ice Bela M. Tr iv edi
Ms. Tanvi Sahay, for petitioner. Mr. Rinesh Gupta, for respondents.
The petitioner in the present petition has challenged the demand letters (Annexures 2 & 3) annexed to the petition.
It is submitted by the learned counsel Ms. Tanvi Sahay for the petitioner that the respondents without giving any opportunity of hearing to the petitioner and without considering the representation dated 28.07.2014 (Annexure-10) submitted by the petitioner is bent upon recovering the amount as mentioned in the demand letters. Learned counsel Mr. Rinesh Gupta for the respondents states that he has no objection if the representation made by the petitioner is directed to be decided by the concerned authority of the respondents.
In view of the above submissions made by the learned counsels for the parties, it is directed that the concerned respondent shall decide the representation (Annexure-10) dated 28.07.2014 made by the petitioner as expeditiously as possible and preferably within one month from the date of receipt of this order. It is further directed that till the said representation of the
S.B. Civil Writ Petition No.11175/ 2014
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petitioner is decided, no coercive steps shall be taken by the respondents against the petitioner. It is needless to say that the petitioner shall be at liberty to challenge the adverse order if any
passed by the respondent/ s on its representation.
With the aforestated direction, the petition is disposed of.
By this order, the stay application also stands disposed of.
( Bela M. Tr ivedi) J.
R.Vaishnav 227.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” Ramesh Vaishnav-Personal Assistant
1 issue framed by the court
Whether the authority decides the Representation dated 28.07.2014 before taking coercive steps?
Golden India Foundation
Rajasthan Housing Board
Bela M. Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
