High Court of Gujarat
SHAILESH JYANTILAL PRAJAPATIversusSTATE OF GUJARAT
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- NIRZAR S DESAI
Holding
The petition is dismissed as infructuous because the petitioner has been reinstated and is performing his duties, thereby redressing the grievance.
Summary
The petitioner, Shailesh Jyantilal Prajapati, filed a Special Civil Application seeking relief against the State of Gujarat. The Mamlatdar and the petitioner both submitted letters confirming that the petitioner resumed duties as a Computer Operator on 1 August 2025. The Assistant Government Pleader argued that the petitioner’s grievance was therefore redressed. The petitioner’s counsel was absent, so the court could not hear any further submissions. Relying on the reinstatement and the AGP’s statement, the court held the petition to be infructuous and disposed of it, reserving the petitioner’s right to file a fresh petition if any grievance remains.
Issues considered
- What is the appropriate disposition of a petition when the petitioner has been reinstated and is performing duties, rendering the grievance redressed?
Subjects
- reinstatement
- grievance redressed
- infructuous petition
- special civil application
- service law
- administrative law
Judgment
C/SCA/7090/2024 ORDER DATED: 16/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.7090 of 2024
=========================================
SHAILESH JYANTILAL PRAJAPATI
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 communication dated
4.8.2025 written by the Mamlatdar, Sanand stating that the
present petitioner along with petitioner of Special Civil Application
No.7061 of 2024 have resumed duties as Computer Operator w.e.f.
1.8.2025 as well as letter dated 1.8.2025 written by the petitioner
stating that he has resumed duties w.e.f. 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.
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C/SCA/7090/2024 ORDER DATED: 16/03/2026
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
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 file 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 17:31:16
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