High Court of Gujarat
MANGALDAS DHIRUBHAI DESAIversusTHE SPECIAL LAND ACQUISITION OFFICER
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- M K THAKKER
Holding
The Court may restore the matter to its original file and condition such restoration on the removal of office objections within a week, with dismissal as a consequence of non‑compliance.
Summary
Mangaldas Dhirubhai Desai filed a miscellaneous civil application seeking restoration of his matter to the original file. The Special Land Acquisition Officer and another respondent had raised office objections, causing the matter to be removed from the file. The applicant, through counsel Mr. Riddhesh Trivedi, assured that all objections would be withdrawn within one week if the restoration were granted. The High Court considered whether it could restore the matter and impose a time‑bound condition on the respondents. The Court held that it could restore the matter and condition the restoration on the removal of objections within the stipulated period. Accordingly, the application was allowed, the matter was restored to the original file, and a warning was issued that failure to remove objections would result in dismissal of the matter.
Issues considered
- Whether the High Court can restore a civil matter to its original file pending removal of office objections
- Whether the Court can impose a condition that objections be removed within a specified time, failing which the matter may be dismissed
Subjects
- restoration
- civil procedure
- office objections
- conditional order
- High Court of Gujarat
Judgment
C/MCA/3001/2025 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3001 of 2025
In F/CIVIL APPLICATION/27120/2025
In F/FIRST APPEAL/27119/2025
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MANGALDAS DHIRUBHAI DESAI
Versus
THE SPECIAL LAND ACQUISITION OFFICER & ANR.
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Appearance:
MR RIDDHESH TRIVEDI(6581) for the Applicant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/02/2026
ORAL ORDER
Learned advocate Mr.Riddhesh Trivedi states at bar that
if this application is allowed and the matter is restored to its
original le then all o ice objections would be removed within
a period of one week from today.
In view of the above, this application is allowed and the
matter is restored to its original le. It is clari ed that if o ice
objections are not removed within the stipulated time the
matter shall be dismissed without further reference to the
Court.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARCHANA SAJEEVKUMAR PILLAI(HC01899), PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 17:38:28
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