STATE OF GUJARAT Vs. CHHAGANLAL SHAMLAJI AJMERA

JUDGEMENT

(1.) WE have heard learned AGP Mr.N.J.Shah for the appellant. He has urged that there is no prayer of granting interest in the petition and yet the learned Single Judge has granted the amount of interest. He has further urged that there is no reason assigned by the learned Single Judge for quashing and setting aside the impugned orders of the Collector and the Revenue Authority i.e. Chief Controlling Revenue Authority. Lastly he has urged that the matter is between the petitioner and the bank and, therefore, the petitioner could recover the amount from bank.

(2.) THE first submission with regard to granting of interest is concerned, we are of the opinion that the learned Single Judge has directed the authority to refund the amount to the petitioner on or before 02.04.2010, and in default of the same, interest has been awarded. THE said contention is therefore without any legal base. THE second contention raised by learned AGP is that no reasons have been assigned by the learned Single Judge in the impugned judgment is not correct. In our opinion, the learned Single Judge in paragraphs 5 and 6 has rightly observed as under:

(3.) IN view of dismissal of main appeal, Civil Application No.12013 of 2010 stands also dismissed.