Gujarat High Court
Kanubhai Vitthalbhai Patel vs State Of Gujarat on 8 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/978/2025 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 978 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 7825 of 2014
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 978 of 2025
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KANUBHAI VITTHALBHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
KAUSHAL H PATEL(9328) for the Appellant(s) No. 1
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1,2,3,4
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MAULIK NANAVATI ADVOCATE NANAVATI & CO.(7105) for the
Respondent(s) No. 2,3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 08/08/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This intra-court appeal is directed against an
interlocutory order dated 01.04.2025 passed by the learned
Single Judge in Special Civil Application No.7825 of 2014,
whereby the application for amendment filed by the
petitioners in view of the subsequent events occurred during
the pendency of the writ petition, has been rejected. It seems
that the petitioners had approached this Court in the year
2014 at the stage when 'Preliminary Town Planning Scheme'
NEUTRAL CITATION
C/LPA/978/2025 ORDER DATED: 08/08/2025
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was sanctioned, after rejection of the objections filed by the
petitioners before the State Government. However, during the
pendency of the writ petition, final scheme has been
sanctioned by the State Government vide notification dated
02.05.2016. It is submitted by the learned counsel appearing
for the appellants that the fact of sanction of the final scheme
came to the knowledge of the petitioners when the reply of
the State Government was filed in the year 2023.
2. Be that as it may, the submission of the learned counsel
for the appellants that in case, the appellants are not
permitted to challenge the final scheme sanctioned vide
notification dated 02.05.2016, ultimate relief in the writ
petition cannot be granted to them. The writ petition being
pending from the year 2014, in our considered opinion, the
petitioners be permitted to make the necessary amendments
so as to bring the dispute to its logical end. Rejection of the
amendment application with the liberty to prefer a fresh writ
petition by the order impugned may give rise to contradictions
inasmuch as the main petition itself is pending as on date.
3. Moreover, the amendments sought to be brought in the
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C/LPA/978/2025 ORDER DATED: 08/08/2025
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writ petition can very well be looked into and adjudicated on
the merits of the claim of the petitioners, which pertain to the
'Town Planning Scheme', which is subject matter of
consideration before the learned Single Judge.
4. In view of the above, we find it fit and proper in the
interest of justice, to set aside the judgment and order dated
01.04.2025 passed by the learned Single Judge and allow the
amendment application. It goes without saying that the
respondents would be at liberty to file their reply to the
amended paragraphs/ prayers made in the writ petition by
seeking time from the learned Single Judge.
5. With the above, the present appeal stands allowed. It is
clarified that we have not adverted to the claims of the parties
in the amendment application.
Consequently, the Civil Application for Stay would not
survive and the same is disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
A. B. VAGHELA
