High Court of Gujarat
JUSUB HAJI SODHAversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court permitted the petitioner to make a fresh representation and directed the Collector to decide it within three months of receipt.
Summary
The petitioner, Jusub Haji Sodha, sought permission to make a fresh representation to the Collector, Kutchh-Bhuj, after a prior order directing reconsideration was issued in 2022. The petitioner argued that the elapsed time since the earlier order justified a new representation. The Court noted the four‑year gap and, on the petitioner's request, directed that a fresh representation be allowed and that the Collector decide it within three months of receipt. The Court granted the permission, setting a two‑week deadline for filing the representation and a three‑month deadline for the Collector's decision. The petition was disposed of without addressing the merits and no costs were awarded.
Issues considered
- Whether the petitioner is entitled to make a fresh representation to the Collector after the earlier court‑directed reconsideration order.
- Whether the Court can direct a time‑bound decision by the Collector on the fresh representation.
Subjects
- fresh representation
- administrative law
- collector
- court direction
- time‑bound decision
Judgment
C/SCA/6604/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6604 of 2026
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JUSUB HAJI SODHA
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR JEET J BHATT(6154) for the Petitioner(s) No. 1
HENIL SHAH AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/07/2026
ORDER
1. Heard learned advocate Mr.Kadri for learned advocate
Mr. Jeet Bhatt appearing for the petitioner. It is submitted
that, vide order dated 16.11.2022 passed in Special Civil
Application No. 8082 of 2019, a Coordinate Bench of this
Court had directed the respondent–Collector, Kutchh-Bhuj, to
reconsider the case of the petitioner within a period of three
months from the date of receipt of the copy of the said order.
According to the petitioner, the Collector has passed an order
pursuant to the directions issued by this Court vide order
dated 16.11.2022.
2. Considering the fact that the aforesaid order was passed
in the year 2022 and the present petition has been preferred in
the year 2026, learned advocate Mr.Kadri for Mr. Jeet Bhatt,
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C/SCA/6604/2026 ORDER DATED: 03/07/2026
upon instructions, submitted that the petitioner may be
permitted to make a fresh representation to the Collector,
Kutchh, and that the Collector, Kutchh, may be directed to
consider and decide the same in accordance with law within a
time-bound period.
3. In view of the above, the permission as prayed for is
granted. If the petitioner makes a representation to the
Collector, Kutchh-Bhuj, within a period of two weeks from
today, the Collector, Kutchh-Bhuj, shall consider and decide
the same in accordance with law within a period of three
months from the date of receipt of such representation.
4. With the aforesaid directions, and without entering into
the merits of the case, the present petition stands disposed of.
Notice discharged. No order as to costs.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 03/07/2026 18:00:32
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