High Court of Gujarat
OSMAN FAKIRMAMAD GADHversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court granted permission to make a fresh representation and directed the Collector to decide it within three months.
Summary
The petitioner Osman Fakirmamad Gadh filed a Special Civil Application seeking permission to make a fresh representation before the Collector, Kutchh‑Bhuj, after a 2022 order had directed the Collector to reconsider his case within three months. The Court observed that the earlier order was issued in 2022 and the present petition was filed in 2026, raising the question of whether the petitioner could still be allowed to file a new representation despite the lapse. The petitioner’s counsel argued that a fresh representation should be permitted and that the Collector should be directed to decide it within a fixed period. The Court, after considering the delay, granted the prayer, directing the petitioner to file the representation within two weeks and the Collector to decide it within three months from receipt. The petition was disposed of without the Court entering into the merits of the underlying dispute.
Issues considered
- Whether a petitioner can be permitted to make a fresh representation before the Collector despite a multi‑year delay since the earlier court‑directed reconsideration order.
Subjects
- Administrative law
- Representation before Collector
- Special Civil Application
- Time‑bound order
- Judicial discretion
- Delay in filing
Judgment
C/SCA/8713/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8713 of 2026
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OSMAN FAKIRMAMAD GADH
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR AMAN KADRI FOR MR JEET J BHATT(6154) for the Petitioner(s) No. 1
HARSH SHAH AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 03/07/2026
ORDER
1. Heard learned advocate Mr.Kadri for learned advocate
Mr. Jeet Bhatt appearing for the petitioner. It is submitted
that, vide order dated 28.11.2022 passed in Special Civil
Application No. 8084 of 2019, a Coordinate Bench of this
Court had directed the respondent–Collector, Kutchh-Bhuj, to
reconsider the case of the petitioner within a period of three
months from the date of receipt of the copy of the said order.
According to the petitioner, the Collector has passed an order
pursuant to the directions issued by this Court vide order
dated 28.11.2022.
2. Considering the fact that the aforesaid order was passed
in the year 2022 and the present petition has been preferred in
the year 2026, learned advocate Mr.Kadri for Mr. Jeet Bhatt,
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C/SCA/8713/2026 ORDER DATED: 03/07/2026
upon instructions, submitted that the petitioner may be
permitted to make a fresh representation to the Collector,
Kutchh, and that the Collector, Kutchh, may be directed to
consider and decide the same in accordance with law within a
time-bound period.
3. In view of the above, the permission as prayed for is
granted. If the petitioner makes a representation to the
Collector, Kutchh-Bhuj, within a period of two weeks from
today, the Collector, Kutchh-Bhuj, shall consider and decide
the same in accordance with law within a period of three
months from the date of receipt of such representation.
4. With the aforesaid directions, and without entering into
the merits of the case, the present petition stands disposed of.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 03/07/2026 17:59:49
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