Created by Fuzzy Cloud

High Court of Gujarat

PRABHUDAS KARSANBHAI PATELversusTHE STATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The Court held that it may direct the respondent authority to decide the pending revision application and issue a fresh notice within the stipulated period, without addressing the merits of the case.

Summary

Petitioner Prabhudas Karsanbhai Patel filed a special civil application seeking a direction to the Deputy Secretary (Appeals) of the State of Gujarat to take up Revision Application No. 19 of 2024 and to issue a fresh notice to the parties. The petitioner argued that the revision application, filed in 2024, remained pending and required expeditious disposal. The State, represented by Assistant Government Pleader Ms. Roshni Patel, indicated that the revision would be decided by 30 September 2026, within two months of the order. The Court, after hearing both sides, directed the respondent authority to issue a fresh notice within one week, conclude the hearing by 30 September 2026, and pass a reasoned order by 15 October 2026. The Court disposed of the petition without reaching the merits, keeping all rights and contentions of the parties open. The order emphasizes the Court's power to issue procedural directions to administrative authorities to prevent undue delay.

Issues considered

  • Whether the High Court can issue a mandatory direction to the Deputy Secretary (Appeals) to decide a pending revision application and issue fresh notice within a specified timeframe.

Subjects

  • procedural direction
  • revision application
  • administrative authority
  • court order
  • hearing schedule
  • stay application

Judgment

   C/SCA/7208/2024                                  ORDER DATED: 13/08/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                    7208 of 2024

=====================================================
              PRABHUDAS KARSANBHAI PATEL
                         Versus
             THE STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1
MS ROSHNI PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
KOMAL S DAVE(8152) for the Respondent(s) No. 5
MR SIDDHARTH H DAVE(5306) for the Respondent(s) No. 5
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,4
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 13/08/2026

                                  ORDER

  1. Heard learned advocate Mr. Dipen Desai for the

    petitioner            and    learned        Assistant        Government

    Pleader Ms. Roshni Patel for respondent – State.


  2. By    way       of   this   petition,       the    petitioner            has

    prayed for a direction to respondent No.1, that

    is,       Deputy      Secretary        (Appeals),       to     take        up

    Revision Application No. 19 of 2024 along with

    the stay application for hearing and to pass an

    appropriate order in accordance with law.


                                  Page 1 of 3
 C/SCA/7208/2024                                         ORDER DATED: 13/08/2026




3. Learned          advocate        Mr.          Dipen    Desai,         as        per

  instructions,               states             that      the        aforesaid

  application,             which        is   a     revision        application

  filed as far back as in 2024, is still pending,

  and therefore, this Court may direct respondent

  No.1       to     decide        the    same      at    the     earliest          in

  accordance with law.


4. Learned Assistant Government Pleader Ms. Roshni

  Patel,            under         instructions             received            from

  Mr.Rajesh              Joshi,    Deputy          Secretary        (Appeals),

  states           that    respondent            No.1    shall     decide          the

  revision application being Revision Application

  No.      19       of    2024     pending         before      him      finally,

  latest by 30.09.2026.


5. Upon instructions, he states that this revision

  application shall be decided within a period of

  two months from today.


6. In    view        of    the     above         submission        of     learned

  Assistant Government Pleader Ms. Roshni Patel,

  upon instructions, respondent No.1 is directed



                                   Page 2 of 3
           C/SCA/7208/2024                                                          ORDER DATED: 13/08/2026




             to issue fresh notice to the parties within a

             period of one week from today and to conclude

             the         hearing              by       30.09.2026.                   Respondent                 No.1

             authority is directed to conclude the hearing of

             the        revision              application                  latest          by      30.09.2026

             and        to       pass         an       appropriate                  order          latest            by

             15.10.2026                  by       passing              a      reasoned               order           in

             accordance                   with           law,            and          the          respondent

             authority is directed to communicate the same to

             the petitioner by way of speed post.


        7. With the above observations, this petition is

             disposed of without entering into the merits of

             the matter.


        8. All rights and contentions of all parties are

             kept open. Parties are directed to cooperate.




                                                                               (NIRZAR S. DESAI,J)


   Pallavi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 18:24:16




                                                        Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.