High Court of Gujarat
BHARATKUMAR TRAMBAKLAL JANIversusTHE COMMISSIONER OFFICE OF THE COMMISSIONER OF MUNICIPALITIES
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court directed the petitioners to make a representation within one week and ordered the municipality and Commissioner to act within the stipulated timelines, disposing the petition without addressing its merits.
Summary
The petitioners, Bharatkumar Trambaklal Jani & ors., filed a special civil application seeking a direction to make a representation to the Chief Officer of Dhari Municipality regarding their grievance. The Court, after hearing Ms. Rohini Acharya for the petitioners and noting no objection from the Assistant Government Pleader for the respondent, ordered that the petitioners may submit their representation within one week. If the municipality finds merit, it must forward a proposal to the Commissioner/Regional Commissioner of Municipal Administration by 6 February 2026, and the Commissioner must decide within three months thereafter. The Court clarified that it has not examined the merits of the case and that the petition stands disposed without any order as to costs. Direct service of the order is permitted.
Issues considered
- Whether the petitioners should be directed to make a representation to the Chief Officer of Dhari Municipality within a specified time frame
- Whether the municipality, upon finding merit, must forward a proposal to the Commissioner/Regional Commissioner by a set deadline
- Whether the Commissioner/Regional Commissioner must decide on the proposal within three months
Subjects
- representation
- municipal administration
- special civil application
- procedural order
- High Court of Gujarat
- petition disposed
Judgment
C/SCA/17541/2025 ORDER DATED: 06/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17541 of 2025
=====================================================
BHARATKUMAR TRAMBAKLAL JANI & ORS.
Versus
THE COMMISSIONER OFFICE OF THE COMMISSIONER OF
MUNICIPALITIES & ORS.
=====================================================
Appearance:
MR. D. G. RAMAKRISHNAN(14142) for the Petitioner(s)
No. 1,2,3,4,5,6,7,8
MS RV ACHARYA(1124) for the Petitioner(s) No.
1,2,3,4,5,6,7,8
MR ADITYA PATHAK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/01/2026
ORAL ORDER
1. Learned advocate Ms. Rohini Acharya
appearing for the petitioners state that the
petitioners will make a representation to the Chief
Officer, Dhari Municipality, District Amreli within a
period of one week from today and Dhari Municipality
may be directed to consider the same and if finds
merit in the representation made by the petitioners,
the Municipality may send the proposal to the
Commissioner / Regional Commissioner, Municipal
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C/SCA/17541/2025 ORDER DATED: 06/01/2026
Administration on or before 06.02.2026 and thereafter
within a period of three months thereafter the State
may be directed to take a decision upon the same.
2. The aforesaid submission was not objected
by learned Assistant Government Pleader appearing for
the respondent No.1 and accordingly, the petitioners
are permitted to make a representation for their
grievance within a period of one week from today to
the Chief Officer, Dhari Municipality and upon
receipt of the representation, if the respondent –
Dhari Municipality finds merit in the representation
of the petitioners, then the Municipality may forward
a proposal to the Commissioner / Regional
Commissioner, Municipal Administration on or before
06.02.2026 and the Commissioner / Regional
Commissioner, Municipal Administration whosoever is
empowered to consider the same, is directed to take a
decision upon the same within a period of three
months thereafter.
3. In view of above direction, the present
petition stands disposed of. No order as to costs. It
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C/SCA/17541/2025 ORDER DATED: 06/01/2026
is clarified that this Court has not gone into the
merits of the matter. Direct service is permitted.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 18:14:42
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