Gujarat High Court
Vagadia Bharatbhai Dhulabhai vs The Secretary, Forest And Environment ... on 8 July, 2025
NEUTRAL CITATION
C/SCA/478/2019 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 478 of 2019
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 478 of 2019
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VAGADIA BHARATBHAI DHULABHAI & ORS.
Versus
THE SECRETARY, FOREST AND ENVIRONMENT DEPARTMENT & ORS.
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Appearance:
MR HB SINGH(2073) for the Petitioner(s) No. 1,2,3,4,5
MS SURBHI BHATTI, AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/07/2025
ORAL ORDER
1. The present application is filed for the following prayers:
"14A. To admit and allow this application;
B. To direct to respondents authority may consider the case of the applicants in light of the order dated 07.03.2024 passed in SCA No.480 of 2019 Annexure 'C4' and give the benefits of 17.10.1988 to the applicant in the fact narrated herein above;
C. To direct to respondents to decide the Page 1 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:19:51 IST 2025 NEUTRAL CITATION C/SCA/478/2019 ORDER DATED: 08/07/2025 undefined representation dated 23.02.2024; or fresh representation relying the order passed in similar situated petition.
D. To pass any other and further reliefs that may be deemed fit and proper and in the interest of justice."
2. Heard learned advocate Mr. H. B. Singh for the petitioners and Ms. Surbhi Bhatti, learned AGP for the respondents.
3. Mr. Singh has drawn my attention towards the representation made by the present petitioners dated 23.02.2024 and has also pointed out that the Coordinate Bench has passed the various orders in Special Civil Application No. 480 of 2019 and Special Civil Application No. 1149 of 2024 on various dates and last order is passed by the Coordinate Bench on 07.03.2024 and has submitted that considering these orders and considering the material available with the authority, if the representation is decided, then the grievance of the petitioners would be redressed.
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4. Ms. Bhatti, learned AGP has submitted that the petitioners have not completed the requisite days for consideration of the regularisation. She has further submitted that though the Coordinate Bench has decided the matter in Special Civil Application No. 480 of 2019, the State has preferred an appeal before the Hon'ble Apex Court by challenging the identical issue involved in the American Express judgment SLP No. 15286 of 2021, which is pending.
5. Be that as it may, considering the present situation and material available with this Court, it is appropriate to dispose of the Civil Application as well as Special Civil Application and also the interest of justice would be served if both the same are considered together and by considering the prayer para 14B and C in the petition. Therefore, the respondents No.2 and 3 shall look into the representation and considering the material produced on record in the present Civil Application as well as Special Civil Application and decide the same, as expeditiously as possible, preferably within 6 weeks from today.
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NEUTRAL CITATION C/SCA/478/2019 ORDER DATED: 08/07/2025 undefined
6. With the above observations, this Civil Application is allowed to the aforesaid extent. In view of allowing Civil Application and considering the fact that broadly, the grievance would be satisfied if the representation is decided, the petition is also disposed of at this stage, without entering into the merits of the petition. Accordingly, Civil Application as well as Special Civil Application are disposed of.
(SANDEEP N. BHATT,J) MAYA Page 4 of 4 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:19:51 IST 2025