NODHABHAI BIJALBHAI JADAVversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The petition is disposed, with the petitioner directed to approach the concerned authority for any shortfall and may file a substantive petition if the claim is rejected.
Summary
The petitioner, Nodhahbai Bijalbhai Jadav, filed a special civil application alleging that although the government had paid the legitimate dues, there might be a shortfall. The respondent, the State of Gujarat, produced a communication confirming that the dues had been paid. The petitioner argued that any shortfall, if existent, should preserve his right to seek further relief. The court observed that if a shortfall is discovered, the petitioner may make a representation to the concerned authority, which must consider it according to law, and may file a substantive petition if the claim is rejected. Consequently, the court disposed of the petition and discharged the notice.
Issues considered
- Whether the petitioner is entitled to relief or further representation when the dues have been paid but a shortfall may exist
Subjects
Judgment
C/SCA/26880/2022 ORDER DATED: 17/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 26880 of 2022
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NODHABHAI BIJALBHAI JADAV
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR NILESH M SHAH(780) for the Petitioner(s) No. 1
MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT
PLEADER/PP for the Respondent(s) No. 1
SERVED BY RPAD (N) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/04/2026
ORAL ORDER
1. Heard Mr. Nilesh M. Shah, learned advocate for the
petitioner and Ms. Forum Bimal Sukhadwala, learned
AGP for the respondent No. 1.
2. At the outset, Ms. Sukhadwala, learned AGP, under
the instruction of her client and in view of the
communication dated 16.06.2025 issued from the office of
Executive Engineer, Surendranagar to the office of
Government Pleader, High Court of Gujarat, Ahmedabad
would state that during the pendency of this petition, the
legitimate dues of the petitioner is already paid. The
aforesaid communication is taken on record.
3. Per contra, Mr. Shah, learned advocate for the
petitioner would state that it is true that the payment has
been made as per the aforesaid communication, but the
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C/SCA/26880/2022 ORDER DATED: 17/04/2026
liberty may be reserved in favour of the petitioner in a
case where there is any short fall in the payment.
4. In view of the aforesaid development which has
taken place during the pendency of this petition and
according to my view, nothing would survive in the
matter except to say that in a case where the petitioner
will find that there is any short fall in the payment, it is
open for the petitioner to make suitable representation to
the concerned respondent authority and the same shall
be considered by the authority concerned in accordance
with law. It goes without saying that in case of rejection
of the future claim of the petitioner, it is always open for
the petitioner to file substantive petition.
5. Accordingly, the present petition is disposed of.
Notice is discharged.
(MAULIK J.SHELAT,J)
SYED SHAHANAZ
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SYED SHAHANAZ(HC02353), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/04/2026 15:18:05
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