DEPUTY COLLECTORversusPATEL NARANBHAI VASRAMBHAI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The appeal is dismissed on account of the smallness of the amount, while the applications for condonation of delay are allowed.
Summary
The Deputy Collector filed applications for condonation of delay and for bringing heirs, which the Gujarat High Court allowed, directing necessary amendments. The State Government had earlier classified claims up to Rs.5 lakh as petty, directing their disposal. In the first appeal, the court noted that the compensation sought was below Rs.5 lakh and, following the State Government's policy, dismissed the appeal on the ground of the claim's smallness. The court expressly stated that no legal issue was decided and the dismissal should not serve as precedent. It further directed the reference court to disburse the compensation, after deducting court fees and interest, to the verified claimants. The order was signed by Justice J.C. Doshi and digitally authenticated.
Issues considered
- Whether a first appeal involving a compensation claim of less than Rs.5 lakh should be entertained under the State Government's resolution treating such claims as petty.
- Whether the delay in filing the main matter can be condoned.
Subjects
Judgment
C/CA/4391/2025 ORDER DATED: 16/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
NO. 4391 of 2025
In F/FIRST APPEAL/23548/2025
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2026
In R/CIVIL APPLICATION NO. 4391 of 2025
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2
of 2026
In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of
2026
In R/CIVIL APPLICATION NO. 4391 of 2025
=====================================================
DEPUTY COLLECTOR & ANR.
Versus
PATEL NARANBHAI VASRAMBHAI
=====================================================
Appearance:
MS. URVASHI PUROHIT, AGP for the Applicant(s) No. 1,2
UNSERVED EXPIRED (R) for the Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 16/04/2026
ORDER
ORDER IN CA No.2 OF 2026 & 1 OF 2026
Considering the averments made in the applications, CA
Nos.2 & 1 are allowed. Necessary amendment to be carried out
forthwith.
ORDER IN CA No.4391 of 2025
Considering the averments made in the application, the
same is allowed and delay caused in preferring main matter
stands condoned. Rule made absolute to the aforesaid extent.
Page 1 of 3
C/CA/4391/2025 ORDER DATED: 16/04/2026
ORDER IN FA
1. In the first appeal, the amount of compensation involved is
below Rs.5 lakh.
2. The State Government vide GR dated 25.10.2016 through
its Revenue Department, has resolved that claims upto Rs.5 lakh
are to be considered as petty claims and the matters involving
amount upto Rs.5 lakh be disposed of accordingly.
3. Having heard the submissions made at bar by learned
AGP, the amount involved in the subject matter of present First
Appeal is on lower side i.e. less than Rs.5,00,000/- and
therefore, considering the smallness of the awarded amount
involved in the present appeal, the Court is not inclined to
entertain the present appeal, and therefore, present appeal
stands dismissed on account of smallness of amount.
Consequently, CA, if any, does not survive and stands disposed
of accordingly.
4. However, it is clarified that dismissal of present appeal
shall not be construed that the Court has decided any legal issue
involved in the subject matter of present appeal, and therefore,
the decision of present appeal shall not be treated as precedent
for deciding any legal issue.
5. Registry to maintain copy of this order in each matter.
6. Registry is directed to return back the R & P, if any, to the
concerned Court forthwith.
Page 2 of 3
C/CA/4391/2025 ORDER DATED: 16/04/2026
7. The learned Reference Court is directed to disburse the
amount of compensation deposited by the State Government
after deducting Court fee to the claimants along with interest
and after due verification and identification and after verifying
their right to claim the compensation.
(J.C. DOSHI, J.)
Raj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJ SUBHASH DHOBI(HC01779), Private Secretary, at High Court of Gujarat on 17/04/2026 18:09:52
Page 3 of 3
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