RAVAL KALPESH MAHENDRABHAIversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- R T VACHHANI
Holding
The impugned notice is deemed withdrawn, a fresh notice shall be issued with a hearing, and the petition is disposed.
Summary
Petitioners Raval Kalpesh Mahendrabhai and another filed a Special Civil Application challenging an order dated 14 May 2026 issued by the concerned authority. The authority subsequently withdrew that order and the accompanying communications. The High Court directed that a fresh notice be issued to the petitioners and that they be given an opportunity of hearing. The Court further clarified that any adverse order passed after such hearing shall not be executed for a period of fifteen days. Accordingly, the Court disposed of the petition, noting that the withdrawn notice no longer stands.
Issues considered
- What is the effect of the withdrawal of the impugned order and notice on the pending petition?
- Whether a fresh notice and hearing are required before any adverse order can be executed?
Subjects
Judgment
C/SCA/7523/2026 ORDER DATED: 22/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7523 of 2026
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RAVAL KALPESH MAHENDRABHAI & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1,2
MR NIKUL K SONI(5122) for the Petitioner(s) No. 1,2
MR.MAYANK CHAVDA AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 22/05/2026
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. Learned AGP has placed on record the order
passed by the Authority concerned, whereby the impugned
order dated 14th May, 2026, letter No.DTE/0177/05/2026, has
been withdrawn along with the consequential communications
issued therein and the impugned order has accordingly been
cancelled.
3. A fresh notice shall be issued to the concerned
petitioners after extending an opportunity of hearing.
4. It is apparent that, by way of filing the present
petition, the consequential order dated 14.05.2026 has also
been challenged. Therefore, in view of the aforesaid facts and
circumstances, the impugned notice having been withdrawn
with the aforesaid liberty.
5. The parties shall abide by the respective assurance
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C/SCA/7523/2026 ORDER DATED: 22/05/2026
made herein. It is clarified that after service of notice to the
petitioners and after extending an opportunity of hearing, if
any adverse order is passed, the same shall not be executed
for a period of 15 days.
6. With the above, the present petition stands
disposed of accordingly.
Direct service is permitted today.
(R. T. VACHHANI, J)
MANOJ
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR(HC01092), PRIVATE SECRETARY, at High Court of Gujarat on 22/05/2026 11:52:14
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