HEMANTBHAI NACHCHHABHAI PATELversusSTATE OF GUJARAT

     C/SCA/8530/2024                                JUDGMENT DATED: 04/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 8530 of 2024
                                  With
             CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025
             In R/SPECIAL CIVIL APPLICATION NO. 8530 of 2024

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==========================================================

            Approved for Reporting                 Yes          No

==========================================================
                       HEMANTBHAI NACHCHHABHAI PATEL
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3,5
MR P.K. JANI SENIOR ADVOCATE WITH SHIVANG P JANI(8285) for the
Respondent(s) No. 4
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 04/05/2026

                                 JUDGMENT


1.      RULE returnable forthwith. Mr. Nikunj Kanara, learned AGP
waives service of notice of rule on behalf of the respondent no.1
and Mr. Jani, learned counsel waives service of notice of rule on
behalf of the respondent no.4.


2.      With the consent of the learned counsel for the respective
parties, the present petition is taken up for final hearing today.


3.      Present petition is filed by the petitioner under Articles 14,

                                   Page 1 of 5
     C/SCA/8530/2024                                  JUDGMENT DATED: 04/05/2026




19 and 226 of the Constitution of India read with the provisions
of the Gujarat Agricultural Produce and Marketing (Promotion
and Facilitation) Act, 1963 and Rules framed thereunder seeking
following reliefs:

        “(a) To issue a writ of mandamus or a writ in the nature of
        mandamus or any other appropriate writ, order or direction,
        quashing and setting aside the recruitment process undertaken
        by respondent no.4 by advertisement dated 16.3.2024
        (Annexure-F) published by respondent no.4 in Loksatta-Jansatta
        Ahmedabad edition for recruitment of 8 clerks and 4 auction
        clerks because the establishment expenditure of APMC, Idar is
        more than 40% of its income and they cannot recruit any
        further staff and further the entire recruitment is not
        transparent and shabby and advertisement is given only in a
        newspaper which is having no circulation whatsoever in
        Sabarkantha District and particularly Idar Taluka and without
        calling for names from Employment Exchange and only 25
        persons have submitted applications which establishes that the
        entire recruitment process is nothing but a show on paper to
        appoint kith and keen of Board of Directors and Secretary of
        APMC, Idar.

        (b) Pending admission, hearing and final disposal of the above
        Special Civil Application, to restrain the respondent no.4 from
        appointing any person pursuant to the recruitment process
        initiated vide advertisement dated 16.3.2024 (Annexure-F)
        published by respondent no.4 in Loksatta-Jansatta Ahmedabad
        edition for recruitment of 8 clerks and 4 auction clerks.

        (c) To grant      ad-interim    relief   in   terms      of   Para-34(b)
        hereinabove.

        (d) The Hon'ble Court may kindly be pleased to grant any other
        appropriate relief as the nature circumstances of the case may
        require.

        (e) To award the cost of this petition.”


4.      Heard Mr. Bharat Rao, learned counsel for the petitioner


                                  Page 2 of 5
     C/SCA/8530/2024                        JUDGMENT DATED: 04/05/2026




and Mr. Nikunj Kanara, learned AGP for respondent no. 1 and Mr.
P.K. Jani, learned Senior Advocate with Mr. Shivang P Jani,
learned counsel for respondent no.4.


5.      Mr. Bharat Rao, learned counsel for the petitioner has
submitted that the recruitment process conducted by respondent
no.4 is not in accordance with the settled principles of law and as
per the statute more particularly, Rule 41(A) of the Act. He has
submitted that there is severe violation of the statutory
provisions as provided under the Act and that there is
mismanagement by the Agricultural Produce Market Committee
(APMC), Idar while appointing the persons listed at page 11. He
has submitted that all the 12 persons are either the relatives of
the Director or the relatives of the Chairman and this fact was
not denied by the respondents. He has further submitted that the
petitioner is a voter of the preliminary cooperative society i.e.
Shree Jadar Seva Sahakari Mandali Ltd. and he is also a voter of
main society i.e. the present respondent no.4 and therefore, the
petitioner has raised his personal grievance against the
mismanagement of the APMC, Idar. Over and above the grounds
agitated in the memo of petition, learned counsel Mr. Rao has
urged that the present petition is required to be allowed.


6.      Mr. PK Jani, learned Senior Counsel has denied the
contentions raised in the petition and has contended that the
petitioner is not a member of the society nor holding any license
as a trader and is not elected as a member of the Market
Committee and therefore, the petitioner being a member of the
Shree Jadar Seva Sahakari Mandali Ltd., who is one of the voters
of the main society i.e. Agricultural Produce Market Committee,

                             Page 3 of 5
      C/SCA/8530/2024                        JUDGMENT DATED: 04/05/2026




Idar and therefore, the petitioner is not entitled to seek the relief
which he prayed for by way of filing writ of mandamus. He has
further contended that since there was a personal grievance of
the brother of the present petitioner who was working with
respondent no. 4 relating to promotion not being given to him by
respondent no.4 and therefore, at the behest of his brother the
petitioner has filed this petition. He has submitted that the
respondent no.4 has already complied with all the necessary
provisions and no violation has been committed in the
recruitment process and hence, the present petition deserves to
be dismissed.


6.1      Mr. Nikunj Kanara, learned AGP has submitted that the
process of the recruitment has been cancelled by the respondent
no.2 -Director.


7.       I have heard the learned counsel appearing for the
respective parties and perused the material placed on record. It
appears that the petitioner has challenged the recruitment
process undertaken by respondent no.4 by advertisement dated
16.03.2024 published by respondent no.4 in Loksatta-Jansatta
Ahmedabad edition for recruitment of 8 clerks and 4 auction
clerks. It is stated and submitted that the recruitment process
has been cancelled by the respondent no.2 - Director. It appears
that the grievance raised in the present petition is already
decided as the recruitment process has been cancelled by the
respondent no.2 - Director and hence, the present petition no
longer survives. Therefore, the present petition deserves to be
dismissed.



                              Page 4 of 5
         C/SCA/8530/2024                                                   JUDGMENT DATED: 04/05/2026




    8.       In the result, the present petition is dismissed. Rule is
    discharged. There shall be no order as to costs.


    9.       In view of the order passed in this petition, the Civil
    Application No.1 of 2025 is disposed of accordingly.



                                                                  (HEMANT M. PRACHCHHAK,J)
    ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/05/2026 18:39:28




                                                    Page 5 of 5