9911796707
TMI Blog1995 (12) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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, therefore, sought to amend this petition by challenging the order made on 17- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was held that the High Court had no jurisdiction to interfere with such orders passed by the subordinate Judge under Article 227 of the institution of India and the petition under Art, 227 of the Constitution in such cases was wholly misconceived. Therefore, when it is open to the petitioners, if they at all feel aggrieved, to go before the concerned Court and raise all the contentions which they are now seeking to raise, to enable that Court to take appropriate decision, it will not be appropriate for this Court to entertain the challenge against an ad-interim relief order passed by the Civil Court in exercise of its jurisdiction under Article 227 of the Constitution. 3. The learned Counsel for the petitioners contended that as soon a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to cases where the agreement is not arrived at and the matter is referred to the State Government under Sub-section (2) of Section 201 of the Act. Section 201(3) clearly provides that when the matter is referred to it, the State Government may direct having regard to the circumstances of the case and subject to such conditions as it may impose, the Panchayat to stay collection of recovery of taxes until the Government decides the matter under Sub-section (2) of Section 201. Rule 4 of the said Rules cannot override the express provisions of Section 201(3) which empower the State Government to give directions in connection with collection of recovery of taxes when the matter is pending before it under Section 201(2) of the Act. Furthermore, e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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