High Court of Gujarat
RAJESHBHAI VAJUBHAI GOHILversusMUNICIPAL COMMISSIONER SURAT MUNICIPAL CORPORATION
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIKHIL S KARIEL
Holding
The petition is dismissed as the corporation's undertaking to act within 60 days suffices, and no further court intervention is required.
Summary
Petitioner Rajeshbhai Vajubhai Gohil filed a special civil application alleging that the Surat Municipal Corporation, after initiating action on his complaint against Respondent No.2, had not taken the proceedings to their logical conclusion. The corporation, through its counsel, explained that it was in the process of gathering material and would issue a notice to Respondent No.3, committing to commence appropriate action within 60 days. The court examined whether any further judicial intervention was required to compel the corporation to act. Finding the corporation's statement satisfactory and no breach of duty apparent, the court held that no additional directions were necessary. Consequently, the petition was disposed of, with a directive that the corporation comply with the timeline it had set. The order was pronounced by Justice Nikhil S. Kariel on 21 August 2026.
Issues considered
- What relief, if any, is appropriate when a municipal corporation initiates but does not complete action on a citizen's complaint?
Subjects
- municipal corporation
- administrative law
- petition
- compliance
- notice
- time limit
Judgment
C/SCA/3866/2026(GJHC240117432026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3866 of 2026
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RAJESHBHAI VAJUBHAI GOHIL
Versus
MUNICIPAL COMMISSIONER SURAT MUNICIPAL CORPORATION & ORS.
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Appearance:
MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/08/2026
ORAL ORDER
1. Heard learned advocate Mr.Prem Shah for learned
advocate Mr.Maulik Soni appearing on behalf of the petitioner
and learned advocate Mr.Kaushal Pandya appearing on behalf
of the respondents no.1 and 2.
2. The limited grievance which has been raised by the
petitioner before this Court being that the Corporation having
initiated action upon the complaint of the petitioner against
the respondent no.2 herein, has not been taken to its logical
end.
3. As against the same, learned advocate Mr.Pandya, under
instruction of one Mr.Maulik Rao, Executive Engineer, East
Zone, Varachha-A, submits that the Corporation is in the
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C/SCA/3866/2026(GJHC240117432026) ORDER DATED: 21/08/2026
process of gathering appropriate material and whereas, notice
will be issued to the respondent no.3 shortly. Learned
advocate would further submit that appropriate action will be
taken within a period of 60 days, more particularly, the 60
days to be treated as a time period within which the
proceedings may be initiated.
4. Considering the above statement, to this Court, nothing
further is required to be done. The petition is disposed of with
a direction to the Corporation to comply with the statement
made by learned advocate on its behalf.
(NIKHIL S. KARIEL,J)
Bhoomi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 24/08/2026 11:52:22
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