Gujarat High Court
Legal Heirs Of Late Chinubhai Dahyabhai ... vs State Of Gujarat on 27 November, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/15754/2025 ORDER DATED: 27/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15754 of 2025
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LEGAL HEIRS OF LATE CHINUBHAI DAHYABHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PRERAK P OZA(8279) for the Petitioner(s) No. 1,1.1,1.2,1.2.1,1.2.2,2,3,3.1,3.2
MR JWALANT VORA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 27/11/2025
ORAL ORDER
1. Heard Mr. Prerak P. Oza, learned advocate appearing for
the petitioners and Mr. Jwalant Vora, learned AGP appearing for
the respondents.
2. The petitioners herein have challenged the order dated
01.08.2025 passed by the Mamlatdar, Becharaji in
E-DHARA/VASHI/108/2025 whereby, the Mamlatdar, Becharaji,
straight away rejected the application of the petitioners with
respect to the mutation of entry of a partition decree pursuant
to the preliminary decree drawn by the Principal Judge,
Becharaji, by judgment and order dated 25.03.2013.
2.1 The petitioners herein approached the learned Civil Court
for modification of decree under Section 151 of the Code,
NEUTRAL CITATION
C/SCA/15754/2025 ORDER DATED: 27/11/2025
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which was rejected. The petitioners approached this Court by
preferring Special Civil Application No.7663 of 2025 wherein,
the petitioners upon instructions withdrew the petition
however, liberty was reserved in favour of the petitioners to
approach the revenue authority with regard to any dispute that
may be agitated by the petitioners before the competent
authority and the same be decided in accordance with law
after granting opportunity of hearing to the parties.
3. Mr. Prerak P. Oza, learned advocate appearing for the
petitioners submitted that in accordance with the order passed
in Special Civil Application No.7663 of 2025 on 13.06.2025, the
petitioners preferred an application before the Mamlatdar on
24.07.2025, which came to be rejected by the impugned order
dated 01.08.2025 duly produced at Annexure - AA to the
petition wherein, by the said order, the petitioners' application
was 'filed'. Being aggrieved by the said order, the petitioners
herein have approached this Court mainly, on the ground that
the impugned order dated 01.08.2025 is in violation of the
order dated 13.06.2025 passed in Special Civil Application
No.7663 of 2025 wherein, it is directed that the competent
authority to decide the application that may be preferred by
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C/SCA/15754/2025 ORDER DATED: 27/11/2025
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the petitioners in accordance with law after giving opportunity
of hearing to the concerned parties.
3.1 Mr. Oza, learned advocate submitted that on the
aforesaid ground alone, the impugned order being violative of
the cardinal principles of natural justice and the petitioners
herein being adversely affected by the impugned order, the
matter be remanded back to the competent authority to
decide afresh after giving opportunity of hearing to the
concerned parties in accordance with the order passed in
Special Civil Application No.7663 of 2025.
4. Mr. Jwalant Vora, learned AGP appearing for the
respondents is not in a position to controvert to the aforesaid
fact that the impugned order dated 01.08.2025 is passed
without granting opportunity of hearing to the petitioners
herein and that, the order dated 13.06.2025 passed in Special
Civil Application No.7663 of 2025 is not complied with in its
true spirit.
5. In light of the aforesaid, in the opinion of this Court, the
impugned order dated 01.08.2025 is required to be interfered
with on the sole ground that the said order is passed without
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C/SCA/15754/2025 ORDER DATED: 27/11/2025
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following the cardinal principles of natural justice whereby, the
opportunity of hearing is not granted to the petitioners herein
in line with the order passed in Special Civil Application
No.7663 of 2025.
6. In view of above, the impugned order dated 01.08.2025
is quashed and set aside, without entering into the merits of
the matter on the sole ground that the same is passed without
granting opportunity of hearing to the respective parties.
6.1 The matter is remanded back to the respondent No.2 to
decide afresh. The respondent No.2 to issue fresh notice to the
concerned parties and the concerned parties to also co-
operate. Once the notice is issued, fresh order be passed in
accordance with law. The aforesaid exercise be undertaken as
expeditiously as possible, in the interest of justice. This Court
has otherwise not opined on the merits of the matter.
7. With the aforesaid, the present petition is disposed of as
allowed.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
NEHA
