Gujarat High Court
Chunilal Valji Satvara vs The Collector on 24 September, 2025
NEUTRAL CITATION
C/SCA/16977/2013 ORDER DATED: 24/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16977 of 2013
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CHUNILAL VALJI SATVARA
Versus
THE COLLECTOR & ORS.
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Appearance:
MR. NILAY A THAKER(7275) for the Petitioner(s) No. 1
MR.NISARG P RAVAL(7262) for the Petitioner(s) No. 1
MR SHAILESH DESAI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 24/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Nisarg P. Raval for the petitioner and learned AGP Mr. Shailesh Desai for the respondent nos. 1 to 3.
2. At the outset, learned Advocate Mr. Nisarg P. Raval states that petitioner has taken back papers of the present writ application and retired him from the matter as an Advocate. So, learned Advocate Mr. Raval humbly submits this Court that he would not be in a position to assist this Court.
3. Learned Advocate is permitted to file appropriate note along with letter received by him from petitioner to get him Page 1 of 3 Uploaded by MOHD MONIS(HC01900) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:24:03 IST 2025 NEUTRAL CITATION C/SCA/16977/2013 ORDER DATED: 24/09/2025 undefined retired from the matter.
4. Registry shall replace such note in the matter.
5. On last date of hearing, this Court vide order dated 17.09.2025 passed the following order:-
"1. Heard learned advocate Mr.Nisarg P. Raval for the petitioner and learned AGP Mr.Shailesh Desai for the respondents.
2. At the outset, learned advocate Mr. Raval states that the petitioner has already taken back the papers from him and he has no further instruction in the matter but as such, he has not formally filed a note of retirement in the matter.
3. Per contra, learned AGP Mr.Desai has drawn the attention of this Court that impugned order passed by Executing Court on the ground that judgment and decree sought to be executed was not executable one due to the order passed by the Hon'ble Supreme Court.
4. Be that as it may, to give last opportunity to the petitioner to make either alternate arrangement or otherwise, stand over to 24.09.2025. To be listed on top of the board."
6. It is very surprising that petitioner, happens to be an applicant of an execution proceeding having filed the present writ application in the year 2013, when the same is taken up for hearing, changed the lawyer at fag end of hearing. Such conduct of petitioner is not acceptable.
7. When the matter was called out, neither petitioner in Page 2 of 3 Uploaded by MOHD MONIS(HC01900) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:24:03 IST 2025 NEUTRAL CITATION C/SCA/16977/2013 ORDER DATED: 24/09/2025 undefined person nor any other Advocate in place of learned Advocate Mr. Nisarg P. Raval appeared before this Court to assist this Court in the matter.
8. In view of that, this writ application is dismissed for non prosecution.
9. It is made clear to the petitioner that in a case where any restoration application will be filed by him in the matter, the same shall be considered subject to deposit of Rs. 25,000/- by the petitioner before the GLSA, Ahmedabad. Rule discharged.
(MAULIK J.SHELAT,J) MOHD MONIS Page 3 of 3 Uploaded by MOHD MONIS(HC01900) on Wed Sep 24 2025 Downloaded on : Wed Sep 24 23:24:03 IST 2025