SMT. DAYABEN ASHOKBHAI KHUNTversusSTATE OF GUJARAT

    C/SCA/6363/2026                             ORDER DATED: 01/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CIVIL APPLICATION NO. 6363 of 2026
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                SMT. DAYABEN ASHOKBHAI KHUNT & ORS.
                                Versus
                       STATE OF GUJARAT & ORS.
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Appearance:
MR. HEMAL SHAH(6960) for the Petitioner(s) No. 1,2,3
MR. PRAKASH M. KORAT(14416) for the Petitioner(s) No. 1,2,3
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
NANAVATI & CO.(7105) for the Respondent(s) No. 2,3
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                           Date : 01/05/2026
                            ORAL ORDER
1. Present petition is filed by the petitioners under
Articles 21, 19(1)(g), 226 and 227 of the Constitution of
India seeking below mentioned relief/s:-

      “13 (a) This Hon'ble Court may be pleased to issue a writ
      of mandamus or any other appropriate writ, order or
      direction, holding and declaring that the failure of the
      Respondent authorities and their contractor to ensure
      mandatory safety measures, including warning signage,
      barricading and diversion on the Una-Mahuva Road,
      constitutes a breach of public duty and results in
      violation of the fundamental right to life guaranteed
      under Article 21 of the Constitution of India.;

      b) This Hon'ble Court may be pleased to direct the
      Respondents jointly and severally to pay just, fair and
      reasonable monetary compensation of Rs. 50,91,157/-
      along with 9% from the date of filing, this petition to the
      present Petitioners for the untimely and avoidable death
      of Late Ashokbhai Dhanjibhai Khunt, caused due to the
      negligent acts and omissions of the Respondents, as a
      measure of public law compensation for constitutional
      tort;

      c) This Hon'ble Court may be pleased to Direct
      Respondent Nos. 1 to 3 to fix responsibility and conduct
      an inquiry into the lapses, omissions and failures in


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     C/SCA/6363/2026                                 ORDER DATED: 01/05/2026




       ensuring road safety on the Una-Mahuva Road at the
       relevant time, and to take appropriate administrative
       and disciplinary action against the erring officials and
       agencies, in accordance with law.

       d) Pass such other and further orders as may be deemed
       just, fit and proper in the facts and circumstances of the
       present case, in the interest of justice.”

2. The cause of action for the present Petition arises from
a fatal road accident dated 26.12.2022 on the Una–
Mahuva Road, wherein the deceased lost his life after his
motorcycle slipped due to a large and hazardous heap of
sand     negligently      placed    on        the   road     without           any
cautionary signage, barricading, warning or diversion, in
clear breach of statutory safety norms.


2.1 An FIR being C.R. No. 11193040220505 of 2022 came
to be registered with Nageshri Police Station, District
Amreli, followed by filing of Charge-sheet No. 09 of 2023
dated 11.03.2023, culminating into Criminal Case No.
2217 of 2023, and the material on record establishes that
the accident occurred due to negligent creation and non-
management of a dangerous obstruction on the public
road.

2.2 The           Petitioners   seek          compensation            for        a
constitutional tort, as loss of life has occurred due to
failure of public authorities to discharge statutory duties.

3.     Heard Mr. Hemal Shah, learned counsel for the
petitioner and Mr. Nikunj Kanara, AGP for the respondent


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    C/SCA/6363/2026                     ORDER DATED: 01/05/2026




No.1.

4. Learned counsel for the petitioner submits that the
Respondent authorities permitted execution of road work
on a public highway without ensuring mandatory safety
measures such as signage, barricading, warnings and
diversion, amounting to gross negligence, arbitrariness
and breach of statutory duties, resulting in violation of
Article 21 of the Constitution. He has submitted that the
deceased was a careful and law-abiding road user, and
there is no material indicating contributory negligence;
the accident occurred solely due to a dangerous and
unguarded obstruction created by the Respondents. He
has submitted that the Respondents failed to prevent a
foreseeable hazard, showing complete disregard for
public safety and resulting in arbitrary exercise of power.
He has submitted that the loss of life is irreparable, and
compensation in public law is the only effective relief for
violation of the fundamental right to life. He has
submitted that the Petitioners, being the dependents of
the deceased, have suffered severe financial, emotional
and social hardship due to the untimely death of the sole
earning member.

4.1 Over and above the grounds mentioned in the memo
of the petition, learned counsel for the petitioner urges
before the Court that present petition may be allowed
and the relief prayed for by the petitioner may be
granted.




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        C/SCA/6363/2026                                                               ORDER DATED: 01/05/2026




5.        On the other hand, learned AGP for the respondent
has opposed the petition and submitted that present
petition may not be entertained and the same may be
dismissed .

6.        I have perused the material and relevant documents
placed on record. I have also gone through the record of
the petition.

7.        Considering the facts and circumstances of the case
and after going through the prayer made in the petition
and the relief prayed for by the petitioners, this Court is
of the opinion that present petition does not deserves to
be entertained.

8.        However, it is open for the petitioners to take
appropriate                  recourse                by        way          of       filing          appropriate
proceedings before the concerned Civil Court.

9.        The concerned Civil Court, after affording proper
opportunity of hearing to the petitioners and after
hearing the submission of the petitioners, shall decide the
issue raised by the petitioner, in accordance with law.

10. With                  above             observations,                     the         petition              stands
disposed of.



                                                                         (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 10:53:31




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