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High Court of Gujarat

RAJESHBHAI LAXMANBHAI PARMAR @ PARIKHversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition is dismissed as infructuous because the petitioner’s grievance has been redressed.

Summary

The petitioner, Rajeshbhai Laxmanbhai Parmar, filed a special civil application alleging grievance against the State of Gujarat. The respondent, represented by Assistant Government Pleader Mitul Gautam, produced a resumption report indicating that the petitioner had resumed duty on 1 August 2025, thereby satisfying his grievance. The petitioner’s counsel was absent, so the court could not obtain any contrary submission. Relying on the respondent’s statement that the grievance was redressed, the court held that the petition had become infructuous. Consequently, the petition was disposed, with liberty reserved for the petitioner to file a fresh petition if any grievance remains.

Issues considered

  • What is the appropriate disposition of a petition when the petitioner’s grievance has been redressed and the petition is deemed infructuous?

Subjects

  • reinstatement
  • grievance redressed
  • infructuous petition
  • administrative law
  • service of notice

Judgment

     C/SCA/7061/2024                                 ORDER DATED: 16/03/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.7061 of 2024

=========================================
                 RAJESHBHAI LAXMANBHAI PARMAR @ PARIKH
                                  Versus
                         STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR KM SHETH for the Petitioner.
MR MITUL GAUTAM, AGP for the Respondent No.1.
NOTICE SERVED BY DS for the Respondent(s) No.1,2,3,4,5,7
REFUSED SERVED (N)(10) for the Respondent No.6.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 16/03/2026
                                ORAL ORDER


               Mr.     Mitul   Gautam,    learned   Assistant    Government
Pleader places on record photocopy of the resumption report given
by the petitioner dated 1.8.2025 stating that pursuant to the
statement made by learned AGP on 24.7.2025, he has resumed the
duty on 1.8.2025. Learned AGP, under instructions, states that as
the petitioner is performing his duties since 1.8.2025, the
grievance of the petitioner stands redressed.


               When the matter was called out, learned advocate for
the petitioner Mr. K. M. Sheth was absent. Therefore, the Court
could not ascertain anything from learned advocate for the
petitioner.


               However, considering the statement made by learned
AGP Mr. Gautam, in view of the fact that now the grievance of the
petitioner is redressed and in view of the reinstatement of the



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        C/SCA/7061/2024                                                              ORDER DATED: 16/03/2026




petitioner, the present petition has become infructuous as stated by
learned AGP.                The petition stands disposed of as having become
infructuous.                However, liberty is reserved in favour of the
petitioner to Ale fresh petition if the grievance of the petitioner still
survives. Notice is discharged.

                                                                                  (NIRZAR S. DESAI,J)




SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 17:30:39




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