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High Court of Gujarat

DINESHBHAI PRAHLADBHAI PATELversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The court directed the respondent to issue fresh notice within a week, conclude the hearing by 30 September 2026, and pass a reasoned order by 15 October 2026, disposing the petition without reaching the merits.

Summary

Petitioner Dineshbhai Prahladbha Patel filed a Special Civil Application seeking a direction to the Deputy Secretary (Appeals) to take up and dispose of Revision Application No. 22 of 2024, which had been pending since 2024. The petitioner argued that the delay violated his right to a timely hearing and requested the court to order the respondent to issue fresh notice and conclude the matter promptly. The respondent, represented by the Assistant Government Pleader, indicated that the revision would be decided by 30 September 2026 and that a fresh notice would be issued within a week. The High Court, after hearing both sides, directed the respondent to issue a fresh notice within one week, complete the hearing by 30 September 2026, and pass a reasoned order by 15 October 2026, communicating the order by speed post. The court disposed of the petition without addressing the merits, leaving the parties' substantive rights and contentions open. All parties were instructed to cooperate in implementing the directions.

Issues considered

  • Whether the High Court can issue a mandatory direction to the Deputy Secretary (Appeals) to expedite the pending revision application and issue fresh notice to the parties

Subjects

  • revision application
  • special civil application
  • court direction
  • administrative delay
  • hearing schedule
  • Gujarat High Court

Judgment

   C/SCA/7264/2024                                   ORDER DATED: 13/08/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                     7264 of 2024

=====================================================
             DINESHBHAI PRAHLADBHAI PATEL
                         Versus
                STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA 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          Mr.    Vaibhav      Sharma     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. 22 of 2024 along with

    the stay application for hearing and to pass an


                                   Page 1 of 3
 C/SCA/7264/2024                                         ORDER DATED: 13/08/2026




  appropriate order in accordance with law.


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 Mr. Vaibhav

  Sharma,            under        instructions             received            from

  Mr.Rajesh              Joshi,    Deputy          Secretary        (Appeals),

  states           that    respondent            No.1    shall     decide          the

  revision application being Revision Application

  No.      22       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 Mr. Vaibhav Sharma,



                                   Page 2 of 3
        C/SCA/7264/2024                                                          ORDER DATED: 13/08/2026




           upon instructions, respondent No.1 is directed

           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 18:23:48




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