High Court of Gujarat
VANKAR KANTIBHAI KESABHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, since there was no non‑compliance with its earlier order, the writ petition should be revived.
Summary
Vankar Kantibhai Kesabhai filed a Special Civil Application seeking revival of his earlier writ petition against the State of Gujarat, alleging that the grievance underlying the writ had not been redressed despite compliance with the Court’s order dated 15‑04‑2025. The State, through its Assistant Government Pleader, produced an affidavit indicating that the Dy. Collector had issued an order on 27‑11‑2025 and that it was served on the petitioner in December 2025, thereby complying with the Court’s directive. The Court examined the affidavit and concluded that there was no non‑compliance with its earlier order. Consequently, the Court acceded to the petitioner’s request and ordered the revival of the writ petition, directing the Registry to place it before the appropriate bench. The application was thereafter disposed of.
Issues considered
- Whether the writ petition should be revived on the ground that the earlier Court order has been complied with but the petitioner’s grievance remains unredressed.
Subjects
- revival of writ petition
- special civil application
- compliance with court order
- Gujarat High Court
- civil procedure
Judgment
C/MCA/1730/2026 ORDER DATED: 30/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1730 of 2026
In R/SPECIAL CIVIL APPLICATION/14699/2024
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VANKAR KANTIBHAI KESABHAI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. MANTHAN V SHUKLA(10021) for the Applicant(s) No. 1
MR ADITYA PATHAK ASST. GOVERNMENT PLEADER for the Opponent(s)
No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 30/07/2026
ORAL ORDER
1. Heard learned advocate Mr. Manthan Shukla for the
petitioner and learned AGP Mr. Aditya Pathak for the
respondents – State.
2. Learned AGP Mr. Pathak would tender copy of an
affidavit on behalf of respondent No.4 whereby it is contended
that in compliance of order dated 15.04.2025 passed by this
Court in the main writ petition was passed on 27.11.2025 by
the Dy. Collector, Kheralu and the same was served upon the
petitioner some time in the month of December, 2025.
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C/MCA/1730/2026 ORDER DATED: 30/07/2026
3. Considering such a position, since it appears that there
has not been any non-compliance of order of this Court dated
15.04.2025, the request of learned advocate for the petitioner
for revival of the writ petition, more particularly since the
grievance of the petitioner has not been redressed vide order
dated 27.11.2025 is required to be acceded to. Hence following
order:
(i) Special Civil Application No.14699 of 2024 is hereby
revived.
(ii) Registry to place the said writ petition before the
appropriate Court having the roster to take up such matters.
4. With the above, the petition stands disposed of.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./06-DB
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/07/2026 14:50:28
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