Gujarat High Court
Donil Rameshbhai Patel vs State Of Gujarat on 12 February, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/583/2025 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 583 of 2025
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DONIL RAMESHBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PARTHIV B SHAH(2678) for the Petitioner(s) No. 1
MR J K SHAH, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/02/2025
ORAL ORDER
1. Heard learned Advocate Mr. Parthiv Shah for the petitioner and
learned AGP Mr. J. K. Shah for the respondent-State.
2. By way of this petition, the petitioner challenges order dated
29.11.2024 passed by the Collector, Vadodara, more particularly whereby
application preferred by the petitioner for grant of NA permission has
been rejected inter alia on the ground that the State is contemplating to
prefer Letters Patent Appeal against the judgment and order dated
05.04.2023 in Special Civil Application No. 14697 of 2020 and allied
matters.
3. At the outset, learned Advocate Mr. Shah for the petitioner would
submit that while he is relying upon an order passed by this Court dated
05.02.2025 in Special Civil Application No. 794 of 2025, it is submitted
that in an instant case, this Court had not countenanced a decision by the
Collector, Rajkot of rejecting application for grant of NA permission on
the ground that the State is contemplating to prefer review application in
order passed by a Division Bench of this Court.
NEUTRAL CITATION
C/SCA/583/2025 ORDER DATED: 12/02/2025
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3.1 Learned Advocate Mr. Shah would submit that though he is relying
upon the above order, yet, the petitioner has also submitted an
undertaking dated 06.02.2025, whereby it is submitted by the petitioner
that while 22 months have lapsed since the order passed by the learned
Co-ordinate Bench, yet, the petitioner undertakes that he would abide by
the final order of Division Bench of this Court in Letters Patel Appeal
which may be preferred.
4. Learned AGP Mr. J.K. Shah for the respondent-State would submit
that in view of the undertaking given by the petitioner, appropriate orders
may be passed.
5. Having regard to the submissions made by the learned Advocates
for the parties and having perused the documents on record, while it
would appear that the petitioner was contemplating to contest the order
passed by the District Collector, Vadodara on its merits, more particularly
relying upon the order passed by this Court dated 05.02.2025, yet, it
would also appear that the petitioner has filed the undertaking whereby he
has undertaken that the NA permission may be granted to him, subject to
the petitioner undertaking that he would abide by the result of the Letters
Patent Appeal.
6. Considering such a situation, more particularly having regard to the
fact as of now, almost 22 months have passed since the order passed by
the learned Co-ordinate Bench, and whereas since no appeal has been
preferred as of now against the said order, therefore, while this Court is of
the opinion that the District Collector was not justified in rejecting the
application, yet, in view of the undertaking voluntarily submitted by the
petitioner, the following directions to this Court would meet with ends of
justice.
NEUTRAL CITATION
C/SCA/583/2025 ORDER DATED: 12/02/2025
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(i) The order passed by the District Collector, Vadodara dated
29.11.2024 is hereby quashed and set aside.
(ii) It would be open for the petitioner to file an application afresh for
grant of NA permission and whereas upon such application being
preferred, the same shall be considered by the Collector, Vadodara,
within the statutory time limit.
(iii) The Collector, Vadodara shall also appropriately take into account
the undertaking preferred by the present petitioner to abide by decision
which may be taken by the Division Bench of this Court in Letters Patent
Appeal, which is yet to be preferred by the State against order dated
05.04.2023 in Special Civil Application No. 14697 of 2020 and allied
matters.
7. With the above observations and directions, the present petition
stands disposed of as allowed.
8. It is clarified that this Court has not gone into the merits of the
matter and whereas the Collector, Vadodara, shall take an appropriate
decision in accordance with law and in accordance with the extant policy
of the State Government.
(NIKHIL S. KARIEL,J)
BDSONGARA
