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
NEUTRAL CITATION
C/SCA/478/2019 ORDER DATED: 08/07/2025
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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.
NEUTRAL CITATION
C/SCA/478/2019 ORDER DATED: 08/07/2025
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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.
NEUTRAL CITATION
C/SCA/478/2019 ORDER DATED: 08/07/2025
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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
