High Court of Gujarat
PRABHUDAS KARSANBHAI PATELversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.