High Court of Gujarat
ALIMAMAD FAKIRMAMAD GADHversusTHE 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 to the Collector and directed the Collector to decide it within three months of receipt.
Summary
The petitioner, Alimamad Fakirmad Gadh, sought permission to make a fresh representation to the Collector, Kutchh-Bhuj, after a prior order directing reconsideration in 2022 remained unimplemented. The Court noted that the earlier direction was issued in 2022 and the present petition was filed in 2026, making a fresh representation appropriate. It granted the petitioner's request, directing that any representation be filed within two weeks and that the Collector decide the matter within three months of receipt. The Court issued these directions without examining the substantive merits of the underlying dispute. Consequently, the petition was disposed of with no order as to costs.
Issues considered
- Whether the petitioner may be permitted to make a fresh representation to the Collector after the earlier court‑directed reconsideration was not acted upon.
- Whether the Court can impose a time‑bound deadline on the Collector to consider and decide the representation.
Subjects
- Administrative law
- Representation to government authority
- Time‑bound decision
- High Court order
- Special Civil Application
Judgment
C/SCA/6720/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6720 of 2026
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ALIMAMAD FAKIRMAMAD GADH
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 26.11.2022.
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/6720/2026 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 18:01:03
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