High Court of Gujarat

MOHAMAMD NAWAZ MHAMMAD HANIF MALIKversusREGISTRAR,DISTRICT COURT,PORBANDAR

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRAL R MEHTA

Holding

The amendment of the prayer is allowed and the respondent is directed to decide the representations within three months, without the Court entertaining the merits of the case.

Summary

The petitioner filed a Special Civil Application seeking to amend the prayer to direct the respondent to decide representations dated 21-03-2025 and 09-09-2025 in accordance with the ratio of LPA No.213 of 2019 and a Supreme Court decision reported in 2015 14 SCC 427. The Court examined whether the amendment was permissible and whether any substantive merits needed to be addressed. It found the request to be innocuous and therefore allowed the amendment, directing the respondent to decide the representations within three months. The Court expressly clarified that it did not go into the merits of the underlying dispute. Consequently, the petition was disposed of with the amendment order and the direction to the respondent.

Issues considered

Whether the amendment of the prayer in the Special Civil Application is permissible.
Whether the Court should direct the respondent to decide the representations within a specified time.

Subjects

amendmentspecial civil applicationdirectionrepresentationcourt procedurepetition disposal

Judgment

     C/SCA/7356/2026                              ORDER DATED: 07/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7356 of 2026

==========================================================
              MOHAMAMD NAWAZ MHAMMAD HANIF MALIK
                               Versus
            REGISTRAR,DISTRICT COURT,PORBANDAR & ORS.
==========================================================
Appearance:
HARSH K RAVAL(9068) for the Petitioner(s) No. 1
IG JOSHI(8726) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                           Date : 07/07/2026

                             ORAL ORDER


1.    The Draft amendment is allowed. The same amendment
shall have to be carried out within a period of two days.


2.    By virtue of the amended prayer, the petitioner has
requested this Court to direct the respondent to decide the
representation dated 21.03.2025 and 09.09.2025, in accordance
with the ratio laid down by the Hon’ble High Court in case of
LPA No.213 of 2019 dated 19.06.2024 as well as decision of
the Hon’ble Apex Court reported in 2015 14 SCC 427, within
stipulated time.


3.    The request appears to be innocuous and thereby, is
accepted. The petition is disposed of accordingly with a


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       C/SCA/7356/2026                                                   ORDER DATED: 07/07/2026




direction         to      the       respondent               to    decide         the       aforesaid
representation within a period of three months in accordance
with law. It is clarified that this Court has not gone into the
merits of the case.



                                                                             (NIRAL R. MEHTA,J)
NIHAL PATEL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIHAL PATEL(HC02355), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 09/07/2026 11:06:27




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