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High Court of Gujarat

RAMESHBHAI PARBATBHAI MARAVIYAversusTHE STATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

A quasi‑judicial authority must not decide a matter solely on a panel advocate’s opinion; it must afford a hearing, consider the evidence, and record reasons, otherwise the order is void.

Summary

The petitioner challenged the Gujarat State’s rejection of his application for regularisation of a commercial building on Plot No.233, arguing that the municipal authority and appellate authority decided the matter without granting him a hearing and relied solely on a panel advocate’s opinion. The land had a complex title history involving multiple sale deeds, unmutated revenue entries, and a proposed society that was never formally regularised. The municipal corporation, invoking the Gujarat Regularization of Unauthorized Development Act, 2022, denied the application on the basis of an adverse panel opinion, and the appellate authority affirmed the denial without re‑examining the facts. The High Court examined whether a quasi‑judicial body may pass an order based only on external legal opinion and without observing natural‑justice principles. It held that such orders are void for lack of hearing, reasons, and independent adjudication, and consequently quashed the impugned orders and remitted the matter for fresh consideration with due process.

Issues considered

  • Can a quasi‑judicial authority pass an order solely on the basis of a panel advocate’s legal opinion without independent fact‑finding?
  • Does denial of a hearing violate the principles of natural justice in administrative/ quasi‑judicial proceedings?
  • Is regularisation of a construction permissible under the Gujarat Regularization of Unauthorized Development Act, 2022 when the title to the land is disputed?
  • Must quasi‑judicial orders contain reasons and be based on material evidence on record?

Legislation cited

Subjects

natural justicequasi‑judicial authorityright to hearingregularisation of unauthorized developmentland title disputeprocedural fairnessmunicipal corporation

Judgment

   C/SCA/580/2026                                 JUDGMENT DATED: 16/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 580 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 581 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 589 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 590 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 591 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 592 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 593 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 594 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 595 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 599 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 600 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 603 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 604 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 606 of 2026
                                With
             R/SPECIAL CIVIL APPLICATION NO. 608 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRAL R. MEHTA
==========================================================

          Approved for Reporting                  Yes          No
                                              ✔
==========================================================
                    KASHYAPBHAI RAMESHBHAI KOTECHA
                                 Versus
                      THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR SP MAJMUDAR WITH MR MEET D KAKADIA(11896) for the


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Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 3,4,5
MR RC SEJPAL(2636) for the Respondent(s) No. 6
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 16/03/2026

                         COMMON ORAL JUDGMENT

1.              Since the captioned matters involve an
identical set of facts and raise substantially
similar           questions        of    law,           they      were         heard
together and are being disposed of by this common
judgment,             treating     Special           Civil         Application
No.580 of 2026 as the lead matter.

2.              By     way    of   the       present         petition          under
Article 226 of the Constitution of India, the
petitioner has approached this Court challenging
the legality and validity of the orders dated 31st
December, 2025 and 18th July, 2025, whereby the
application preferred by the petitioner seeking
regularisation of the subject construction under
the        Gujarat           Regularization             of       Unauthorized
Development Act, 2022 came to be rejected.

3.              The     brief      facts          giving       rise       to      the
present petition are stated hereunder:

3.1             The     dispute         in        the      present          matter



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pertains to the construction carried out on Plot
No.233 admeasuring approximately 166.67 sq. yards
situated              in    Sitaram        Park       Proposed          Society,
forming part of Final Plot No.72/1 of T.P. Scheme
No.10, carved out from Survey No.50 paiki land
admeasuring about 11 acres and 4 gunthas situated
at Village Motamava, Taluka and District Rajkot.

3.2             The        land     bearing          Survey     No.50        paiki
originally                 belonged         to        one       Aniruddhsinh
Chatursinh                 Jadeja,        Bilharbaben             Vibhajibhai
Jadeja,               Arvindsinh         Vibhajibhai            Jadeja           and
Kiritsinh             Vibhajibhai        Jadeja,       whose       names       were
reflected in the revenue record in the year 1999.
Thereafter, the said land came to be sold by way
of four separate registered sale deeds in favour
of      Mansukhbhai               Chhaganbhai         Patel,        Bhavanbhai
Ranchhodbhai               Patel,     Shivabhai         Nathabhai          Patel,
Mansukhbhai Jivrajbhai Patel, Libabhai Raghavbhai
Patel, Rameshbhai Parbatbhai Patel, Bhaskarbhai
Devshankar Mehta and Mavjibhai Manjibhai Sakhala.

3.3             It appears that entries of the aforesaid
sale       deeds           were    not    mutated        in     the       revenue
records. Around the said period in the year 1999,
a proposed housing society came to be formed on
the subject land and construction activities were
undertaken without obtaining requisite statutory



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permissions.               According          to    the    petitioner,             the
concept of proposed societies was prevalent at
the relevant time and there existed more than
sixty       such       proposed          societies        in     the      city         of
Rajkot. It is further the case of the petitioner
that       one        Jayrajbhai         K.    Solanki         developed           and
constructed                the    Sitaram           Co-operative            Housing
Society         (Proposed)          on     the       subject       land       and       a
layout plan was also prepared in respect thereof.

3.4             It is alleged that the said Jayrajbhai
K.     Solanki,             in   collusion           with       the       original
landowners                 and     the        subsequent            purchasers,
proceeded             to    sell    several          plots       in     the      said
proposed society to various persons including the
petitioner herein by issuing share certificates
and possession receipts during the period between
1999        and        2002.       Plot       No.233        was       originally
allotted to one Rameshbhai Bhurabhai Faldu, whose
rights in the said plot subsequently came to be
transferred to the present petitioner by way of a
transfer deed dated 17th October, 2019.

3.5             The        petitioner          has     further          contended
that       the        said       proposed           society       possessed             a
Permanent             Account      Number          bearing      No.ACAAS3857J
and the existence of the society as well as the
possession of the petitioner and other members



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over    their        respective         plots       is       evidenced              by
several       documents        including          electricity             bills,
photographs and other contemporaneous records.

3.6          It is the case of the petitioner that
immediately          upon      obtaining          possession            of      the
plot, the petitioner or his predecessor-in-title
constructed          a    commercial             structure          upon        the
subject       plot       and   has     continued            to     remain           in
possession thereof. It is further stated that the
society consists of approximately 150 members who
have   raised        various      residential             and      commercial
constructions.

3.7          The petitioner has alleged that with a
view    to     defeat       the     rights        of      the      purchasers
including the petitioner, the original landowners
instituted four civil suits being Special Civil
Suit Nos.32, 33, 34 and 35 of 2006 against the
purchasers seeking cancellation of the aforesaid
sale deeds.

3.8          It is further the case of the petitioner
that    the        said     suits       ultimately             came       to        be
compromised between the original landowners and
the    purchasers           and      four        separate          compromise
decrees dated 16th April, 2021 came to be passed,
whereby the transactions of the year 1999 were
reversed       in    favour       of    the      original          landowners


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despite the fact that the petitioner and other
similarly           situated      persons          were       already             in
possession of the plots and that the proposed
society      had      been   in      existence          since      the      year
1999.

3.9          Thereafter,           the           original         landowners
entered into further transactions in respect of
the subject land. Since the entries pertaining to
the sale deeds were not mutated in the revenue
record,      the      subsequent        purchaser           initiated         RTS
proceedings before the revenue authorities. The
said proceedings culminated in an order dated 28 th
October, 2024 passed in Special Civil Application
No.10700 of 2024, whereby this Court directed the
revenue authorities to mutate the entries of the
sale    deeds        while   recording            that      possession            of
part    of    the     land     was     with       the    petitioner           and
other similarly situated persons. The petitioner
has also instituted Regular Civil Suit No.25 of
2025 before the competent Civil Court at Rajkot
seeking            declaration         against              the      original
landowners and the subsequent purchasers, which
is presently pending adjudication.

3.10         In      the     interregnum,               a     Draft         Town
Planning Scheme No.10 for Motamava came to be
introduced          in     respect       of       the       subject       land.



                                  Page 6 of 23
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However, prior to the final sanction of the said
scheme,        the           State      Government                introduced              an
amendment          to        Section       125        of    the     Gujarat         Land
Revenue Code, 1879 by way of the Gujarat Land
Revenue (Amendment) Act, 2017 dated 18th April,
2017, whereby Section 125B came to be inserted
enabling           regularisation               of         proposed        societies
such as the one in the present case. Pursuant
thereto,           several          Government              Resolutions           dated
between 09th May, 2017 and 25th November, 2019 were
issued             prescribing                  the          procedure                 for
regularisation,                which       envisaged            declaration               of
the    concerned               area        as     a        transitional             area
followed           by    regularisation                in     accordance            with
law. Among the said Government Resolutions, the
Government Resolution dated 19th September, 2017
assumes significance as it empowered the State
Government              to     declare          any         such      area        as      a
transitional area for the purpose of regularising
proposed societies.

3.11         According                to         the         petitioner,                  in
collusion with the town planning authorities, the
original           landowners          and        subsequent             purchasers
managed to obtain approval of a layout plan and
also   purportedly              obtained              vacant       possession             of
the    subject               land     on        paper.         The       petitioner
contends that such depiction of vacant possession


                                       Page 7 of 23
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was        wholly            incorrect          as      the        petitioner’s
construction had been in existence on the land
for several decades and the same is also contrary
to the recitals contained in the sale deeds.

3.12            The           Town       Planning             Scheme           No.10
ultimately came to be finally sanctioned on 21 st
January, 2019 and the plot in question was shown
to be part of Final Plot No.72/1. The petitioner
has contended that the said scheme was sanctioned
without granting any opportunity of hearing to
him.       Consequently,             the      petitioner           preferred          a
variation             application         dated        09th    January,         2025
which, however, came to be rejected by the Rajkot
Municipal Corporation on 29th March, 2025 on the
ground                of       absence            of         ownership            and
regularisation.

3.13            It is further the case of the petitioner
that the original landowners had also preferred
an          application                seeking               Non-Agricultural
permission in respect of the land despite the
existence of the proposed society. The petitioner
raised           detailed            objections              to      the        said
application and it is alleged that the original
landowners                 attempted     to       mislead         the    District
Collector             by      representing            that    the       land      was
vacant            and          in      their           possession.              Upon



                                       Page 8 of 23
     C/SCA/580/2026                                        JUDGMENT DATED: 16/03/2026




consideration             of    the       objections,              the       learned
District Collector rejected the application for
N.A.      permission           by   order           dated     08th     September,
2021.

3.14            Thereafter,         the       petitioner             along        with
other        similarly         situated          persons          submitted             an
application            dated    27th      August,           2021      before        the
District Collector invoking powers under Section
125B(2) of the Gujarat Land Revenue Code seeking
declaration of the area as a transitional area.

3.15            However,        the       District             Collector,               by
order dated 31st May, 2024, declined to declare
the area as a transitional area under Section
125B(2) on the ground that the possession over
the      subject         land       was      disputed,             despite          the
petitioner’s contention that his possession over
the plot was undisputed.

3.16            Subsequently,             upon        enactment             of      the
Gujarat               Regularization                  of           Unauthorized
Development Act, 2022, the petitioner submitted
an     application          dated         11th       June,       2023        in     the
prescribed form before the West Zone Office of
the respondent No.3–Rajkot Municipal Corporation
seeking               regularisation                of        the          existing
construction             upon       payment           of     the       prescribed
impact fee of Rs.100/-.


                                     Page 9 of 23
     C/SCA/580/2026                                             JUDGMENT DATED: 16/03/2026




3.17            The      petitioner               has      asserted           that       the
construction in question was admittedly carried
out prior to the cut-off date prescribed under
the        Gujarat            Regularization                    of      Unauthorized
Development              Rules,            2023           and        was      therefore
eligible for regularisation under the provisions
of the said Act.

3.18            During             the        pendency             of       the        said
application,                 the     Rajkot          Municipal             Corporation
issued notices dated 17th August, 2024 and 01st
October,              2024    calling            upon      the       petitioner              to
produce          development              permission.              The      petitioner
submitted               replies             to        the         said          notices.
Thereafter,             a     notice         dated         08th      October,          2024
under Section 260(1) of the Gujarat Provincial
Municipal Corporations Act came to be issued, to
which the petitioner filed a detailed reply dated
14th October, 2024.

3.19            However,                  without                affording                   an
opportunity of personal hearing and without duly
considering                  the         reply            submitted            by        the
petitioner, the Municipal Corporation passed an
order dated 11th April, 2025 under Section 260(2)
of      the           said         Act.       Aggrieved              thereby,            the
petitioner             preferred            Special         Civil          Application
No.5136         of      2025        before         this      Court         wherein           an



                                          Page 10 of 23
  C/SCA/580/2026                                   JUDGMENT DATED: 16/03/2026




interim order of stay came to be granted on 17 th
April, 2025.

3.20         During      the        pendency           of      the        said
proceedings, the respondent No.3 authority passed
the impugned order dated 18th July, 2025 rejecting
the petitioner’s application for regularisation
of the subject construction on the basis of an
adverse opinion rendered by the Panel Advocate
regarding the issue of title and ownership.

3.21         Being aggrieved by the said order, the
petitioner preferred an appeal dated 29th July,
2025 under Section 12 of the GRUDA Act before the
respondent No.2 – the Appellate Authority.

3.22         The appeal was heard on 06th December,
2025.     During      the   course          of    the       hearing,        the
officer       of   the      Rajkot         Municipal          Corporation
admitted that no opportunity of hearing had been
granted to the petitioner or to other similarly
situated persons. Despite the same, the appeal
came to be rejected by order dated 31st December,
2025 solely on the basis of the report of the
Panel     Advocate       with      regard         to    the      issue          of
ownership.

3.23         Being    aggrieved           and     dissatisfied            with
the     aforesaid        orders,            the        petitioner           has


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     C/SCA/580/2026                                      JUDGMENT DATED: 16/03/2026




approached              this    Court    by        way    of     the       present
petition.

4.              Heard Learned Advocate Mr.S.P. Majmudar
with      Learned         Advocate      Mr.Meet           Kakadia         for     the
petitioner, learned Assistant Government Pleader
Mr.Sahil              Trivedi    for    respondent             Nos.1       and        2,
Learned Advocate Mr.H.S. Munshaw for respondent
Nos.3 to 5 and Learned Advocate Mr.R.C. Sejpal
for respondent No.6.

5.              Considering that the issue involved in
the       present         petition        lies       within           a     narrow
compass, and upon the request made by the learned
advocates appearing for the respective parties,
the matter is taken up for final hearing at the
stage of admission.

5.1             Rule.      Learned       advocates            appearing           for
the       respective            respondents          waive         service            of
notice of Rule.

6.              Learned         Advocate       Mr.Majmudar             appearing
for the petitioner, while assailing the impugned
orders, has advanced the following submissions:

6.1             It is submitted that the impugned orders
passed by the authorities are patently illegal,
having        been       passed    in     gross          violation         of     the



                                   Page 12 of 23
  C/SCA/580/2026                                        JUDGMENT DATED: 16/03/2026




principles          of    natural       justice          and,       therefore,
deserve to be quashed and set aside.

6.2          It is further submitted that the primary
authority, while rejecting the application of the
petitioner seeking regularisation, admittedly did
not   afford        any    opportunity             of     hearing         to     the
petitioner. It is contended that while passing
the impugned order, the authority concerned has
merely relied upon the legal opinion of the Panel
Advocate and has failed to apply its independent
mind to the facts of the case. On this ground as
well, the impugned order is liable to be quashed
and set aside.

6.3          It is also submitted that the appellate
authority has failed to exercise its appellate
jurisdiction in a proper and judicious manner.
Despite       the        fact     that      the         Rajkot        Municipal
Corporation          itself       admitted         that        the      original
order     had       been        passed      without           granting           any
opportunity         of     hearing       to       the    petitioner,             the
appellate          authority      rejected          the       appeal        on       an
altogether different ground, thereby resulting in
serious miscarriage of justice.

6.4          It      is    contended              that      the       appellate
authority          ought    to     have       appreciated             that       the
order impugned before it was admittedly passed


                                  Page 13 of 23
  C/SCA/580/2026                                      JUDGMENT DATED: 16/03/2026




without affording an opportunity of hearing and
was based solely upon the opinion of the Panel
Advocate.          In     such   circumstances,             the     appellate
authority ought to have set aside the said order
and remanded the matter to the primary authority
for fresh consideration.

6.5          Learned Advocate further submitted that
while discharging quasi-judicial functions, the
authority is required to pass orders on the basis
of material and evidence available on record and
not merely on the basis of extraneous material
such as legal opinion. The impugned order, having
been   passed           solely    on     the       basis    of     the     legal
opinion       of        the    Panel      Advocate,         is      therefore
vitiated by bias and is liable to be quashed and
set aside.

6.6          In support of the aforesaid submissions,
learned advocate for the petitioner has placed
reliance           upon    the    decision          of     this     Court          in
Yamunaben          D/o.       Laxmiben      Muljibhai        v.     Chandulal
Muljibhai Patel, reported in 2009 (5) GLR 3673 :
2009 (3) GLH 608.

6.7          By making the above submissions, Learned
Advocate for the petitioner requested this Court
to allow the petition as prayed for.




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7.              Per contra, Learned Advocate Mr.Munshaw
for respondent Nos.3 to 5, while supporting the
impugned orders, has made following submissions:

7.1             Learned          Advocate           appearing              for      the
respondent            authorities               submitted              that         the
impugned          orders      passed       by       the     authorities             are
fully justified in the facts of the present case.
It     is     contended          that     there           exists       a     serious
dispute with regard to the title of the land in
question          and,      therefore,         the        rejection          of     the
petitioner’s             application          seeking           regularisation
cannot, in any manner, be said to be illegal. On
such        grounds,        it     is    urged         that        the       present
petition deserves to be dismissed.

7.2             It     is     further            submitted             that         the
petitioner does not possess any lawful title over
the       land        in     question           and,         therefore,             the
construction sought to be regularised stands upon
land which is not owned by the petitioner. In
such       circumstances,           it      is       contended             that     the
provisions            of     the    Gujarat           Regularization                    of
Unauthorized Development Act, 2022 do not permit
regularisation of such construction.

7.3             Learned       Advocate              for      the       respondent
authorities, however, was unable to dispute the
fact that while passing the impugned orders, no


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opportunity of hearing had been afforded to the
petitioner. It was also not disputed that, apart
from the legal opinion of the Panel Advocate, no
independent material or evidence had been taken
into       consideration             by      the      authorities           while
passing the impugned orders.

7.4             Learned        Assistant             Government          Pleader
Mr.Trivedi            adopted    the         submissions          of     learned
advocate Mr.Munshaw for respondent Nos.3 to 5.

7.5             Learned          Advocate               Mr.Sejpal               for
respondent No.6 could not dispute the fact that
orders           impugned        are           passed           without         any
opportunity of hearing and solely based on the
opinion of the panel advocate.

8.              Having        heard         the      learned         advocates
appearing for the respective parties and having
perused         the    material         available          on    record,        the
short        question         that      arises        for       consideration
before        this     Court     is       whether      a     quasi-judicial
authority,            while     discharging            its       adjudicatory
functions, can be said to be justified in passing
an order solely on the basis of the legal opinion
of        the         learned        Panel           Advocate,           without
independently            examining          the      material       on    record
and without applying its own independent mind?




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9.              In    order     to     examine         and       decide         the
aforesaid question, it would be appropriate, at
the outset, to take note of certain undisputed
facts emerging from the record:

(i)             While passing the order dated 18th July,
                2025,     the    primary         authority            did       not
                afford any opportunity of hearing to the
                petitioner.

(ii)            A bare perusal of the said order dated
                18th July, 2025 indicates that the same
                is in the nature of a cyclostyled order,
                bereft     of    any       narration           of      relevant
                facts or discussion with regard to the
                material or evidence on record.

(iii)           It    further        appears           that         the       Town
                Planning Officer of the Rajkot Municipal
                Corporation          has         not         applied            his
                independent mind while passing the said
                order    and    has     merely         relied        upon       the
                legal opinion of the Panel Advocate.

(iv)            The appellate authority, despite having
                recorded a finding that the order passed
                by the Assistant Town Planning Officer,
                Rajkot Municipal Corporation was passed
                without       affording          an      opportunity                of



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             hearing to the petitioner, did not deem
             it     appropriate             to     examine           the     issue
             further        and     failed         to    appreciate            that
             the same amounted to a gross violation
             of the principles of natural justice.

(v)          The      order        passed          by       the       appellate
             authority also appears to be devoid of
             any     reasons        and,       therefore,            cannot          be
             said     to      be       in      conformity            with        the
             settled         principles              governing             quasi-
             judicial             decision-making                    and         the
             principles of natural justice.

10.          Keeping        in     mind        the      aforesaid          facts,
following observations from the decision of the
coordinate          Bench     of       this        Court        in     case          of
Yamunaben          D/o.Laxmiben           Muljibhai           v.      Chandulal
Muljibhai Patel (supra) are worth noting:

             “5. Before parting with the present order, a
             word of caution to the Judicial Officers as
             well as litigants. A judgment is expression
             of opinion of Judge or Magistrate arrived at
             after due consideration of evidence and all
             arguments, if any, advanced before him. A
             judgment should be based strictly on the
             evidence on record and not on outside
             evidence, further acquired. A Judge should
             not go out of the record, raise his findings
             on matters within his personal knowledge and
             conjunctures. Similarly, nothing extra should
             be weighed with the Judge and Judge has to
             deliver judgment on his own, forming his own
             findings on appreciation of evidence and


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           considering decisions cited. Similarly, all
           judicial functionaries have necessarily to
           have a unflinching character to decide a case
           with an unbiased mind and an essential
           requirement of judicial adjudication is that
           the Judge is impartial and neutral and is in
           a position to apply his mind objectively to
           the facts of the case put up before him. If
           he is predisposed or suffers from prejudices
           or has a biased mind, he disqualifies himself
           from acting as a Judge. In the present case,
           opinion of the Retd.Judge of Supreme Court
           was produced before the learned trial Court
           and learned trial Court while deciding
           application Exh.5 has not only considered the
           same but he has based his order on the basis
           of such opinion. Procedure adopted by the
           learned trial Court relying upon and deciding
           application Exh.5 relying upon opinion of
           Retd.Judge   of  Supreme   Court   is  highly
           improper. As observed by the Hon'ble Supreme
           Court even a Judge is not supposed to import
           his own private knowledge. Similarly, a Judge
           is also not required to consider any opinion
           which is not forming part of the evidence
           and/or even otherwise he has to decide the
           case on applying his own mind and on
           appreciation of evidence. If he considers
           opinion of Retd.Judge of Supreme Court or any
           other Judge and decides the case, in that
           case, it can be said that he is influenced by
           such opinion and his decision based upon such
           opinion can be said to be biased decision.
           'Justice should not only be done but should
           manifestly be seen to be done'. Therefore, in
           a case where any opinion of Retd. Judge or
           other Judge is placed before him or it is
           placed on record, infact it is his duty to
           see that such opinion is not forming part of
           the record and it is not produced on record.
           As such to produce opinion of Retd.Judge of
           any other opinion in the judicial proceedings
           by any litigant is highly improper and should
           be deprecated. If any such opinion is
           produced on record, it is to be held that it
           is only with a view to influence Judicial
           Officer which is not permissible.”




                          Page 19 of 23
     C/SCA/580/2026                                                JUDGMENT DATED: 16/03/2026




11.             Although              the      aforesaid                  decision          was
passed          in      a        matter        arising                out       from        the
provisions of the Code of Civil Procedure, 1908,
however           the       analogy          would            not         deviate         only
because the impugned orders are passed by the
quasi-judicial authority.

11.1            Keeping in view the ratio laid down by
this        Court           in        the     aforesaid                  decision           and
considering the facts of the present case, this
Court finds that the authorities concerned have
acted        in        clear          and    gross            violation             of      the
principles of natural justice. Not only was no
opportunity of hearing afforded to the petitioner
before passing the impugned order, but the order
itself is conspicuously devoid of any discussion
on     facts          or        material        placed              on     record.          The
authority             appears          to    have         mechanically                relied
upon       the        legal       opinion          of         the        learned         Panel
Advocate              without          undertaking                 any       independent
evaluation             of       the    record            or    applying            its      own
adjudicatory mind.

                It         is     trite         that           a         quasi-judicial
authority is duty-bound to independently examine
the facts of the case, consider the material on
record and assign cogent reasons in support of
the conclusion arrived at. Reliance upon a legal
opinion         may        at     best      serve             as     an     aid      to     the

                                         Page 20 of 23
     C/SCA/580/2026                                      JUDGMENT DATED: 16/03/2026




decision-making                process;         however,        such       opinion
cannot         be       treated       as      a       substitute        for       the
statutory              authority’s            own       satisfaction              and
reasoning. An order passed solely on the basis of
such opinion, without independent application of
mind, cannot be sustained in the eye of law.

                The      impugned        order,        being      cryptic         and
bereft           of      reasons,           clearly         reflects            non-
application of mind and amounts to abdication of
the       quasi-judicial               function           vested         in       the
authority. The requirement of recording reasons
is not an empty formality; it is a fundamental
facet of the principles of natural justice and
ensures transparency, fairness and accountability
in     administrative             and       quasi-judicial             decision-
making.

                This Court also deems it appropriate to
observe that the principles of natural justice
are     neither          new    nor     technical         doctrines;            they
constitute              the     most        basic       and      well-settled
principles             governing       the        exercise      of     statutory
powers.           Authorities           exercising             quasi-judicial
powers        are       expected       to     scrupulously            adhere          to
these        principles          both        in       letter     and       spirit.
Unfortunately, in the present case, the conduct
of      the           authorities        demonstrates             a      complete
disregard of these settled principles.

                                      Page 21 of 23
     C/SCA/580/2026                                              JUDGMENT DATED: 16/03/2026




                It      needs          to       be      emphasised            that       such
casual         and          mechanical               exercise           of       statutory
powers not only causes serious prejudice to the
parties concerned but also unnecessarily burdens
the         constitutional                      courts            with           avoidable
litigation. Had the authorities adhered to the
elementary                  requirement                     of      affording                 an
opportunity                of    hearing           and       passing         a    reasoned
order        upon           independent               consideration                of     the
material              on        record,           the        present             round        of
litigation could have been easily avoided.

                Ordinarily, when this Court finds that
an    order           has       been    passed              in   violation         of     the
principles of natural justice, the Court refrains
from entering into the merits of the controversy
and remits the matter to the competent authority
for fresh consideration in accordance with law.
The     present             case       is     no      exception.             Authorities
entrusted               with           quasi-judicial                   powers           are,
therefore, expected to bear in mind that strict
adherence to the principles of natural justice is
indispensable                    for         maintaining                fairness              in
administrative                    action              and         for         preventing
unnecessary wastage of precious judicial time.

12.             In view of the foregoing discussion and
reasons               recorded              hereinabove,                the        present
petitions deserve to be allowed. Accordingly, the

                                            Page 22 of 23
       C/SCA/580/2026                                                         JUDGMENT DATED: 16/03/2026




impugned orders dated 31st December, 2025 and 18th
July, 2025 are hereby quashed and set aside. The
matters are remanded to the competent authority
for fresh consideration. The said authority shall
reconsider                   the         applications                      preferred                  by        the
respective                   petitioners                     seeking               regularisation,
strictly                 in         accordance                   with            law          and          after
affording                  due         opportunity                    of        hearing               to        the
concerned                 parties,                and         shall           pass           a      reasoned
order            in         conformity                   with           the          principles                   of
natural justice.


                                                                            (NIRAL R. MEHTA,J)
ANUP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUP VYOMESH PARIKH(HC00956), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 17:14:33




                                                    Page 23 of 23


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