Gujarat High Court
Hiteshkumar Lavjibhai Patel vs Manoj Aggarwal, Ias, Additional Chief ... on 9 October, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
C/MCA/2018/2025 ORDER DATED: 09/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 2018 of 2025
In R/MISC. CIVIL APPLICATION NO. 76 of 2023
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HITESHKUMAR LAVJIBHAI PATEL
Versus
MANOJ AGGARWAL, IAS, ADDITIONAL CHIEF SECRETARY & ORS.
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Appearance:
MR. NISHIT P GANDHI(6946) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s) No. 1,2,3,4
SIDDHARTH R KHESKANI(9483) for the Opponent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 09/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed for following reliefs:-
"(A) YOUR LORDSHIPS may be pleased to revive the
Misc. Civil Application No.76 of 2023 and further be
pleased to direct the restoration of the same to it's
original file.
2. This application is filed in view of the liberty
reserved in para-3 of our order dated 19.09.2024.
3. Learned advocate for the applicant has drawn our
attention to two orders, first by the Apex Court dated
18.03.2025 passed in Special Leave to Appeal (c)
No.15115 of 2023 and CAV Judgment pronounced on
26.06.2025 in Misc. Civil Application (For Review) No.1 of
2022 in Letters Patent Appeal No.1327 of 2019.
NEUTRAL CITATION
C/MCA/2018/2025 ORDER DATED: 09/10/2025
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4. Learned advocate submitted that similarly situated
persons have also preferred separate application under
the provisions of Contempt of Courts Act being Misc. Civil
Application No.795 of 2022 and allied matters, where
these applications stood disposed of by an order dated
17.09.2025, where in para-2 this Court has made
observations as under:-
"2. We appreciate the concern of the learned
advocates appearing for the applicants since they
are waiting for the actual benefits to be paid for
more than three and a half years. However, since the
SLP is dismissed by the Supreme Court on
08.09.2025 laying quietus to the entire controversy,
and looking to the fact that there are more than
2800 employees and an amount of Rs.1400 Crores is
also involved, we accede to the request of the
learned Additional Advocate General. We direct that
the actual benefits to the present applicants shall be
paid within a period of 3 months. With this
observations, we further clarify that the limitation of
3 months for granting the benefit shall apply to the
petitioners who have approached this Court and so
far as the similarly situated employees are
concerned, who have not approached this Court, the
State may extend such benefits as per their
convenience."
5. It is the submission of learned advocate that similar
direction will also be required to be passed individually in
the case of the present applicant and hence, seeking
recall of the order and placing the main application for
contempt on the record of this case. Hence, the applicant
being identically situated, similar order would be
required to be passed as now the proceedings mentioned
NEUTRAL CITATION
C/MCA/2018/2025 ORDER DATED: 09/10/2025
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in para-3 of our order dated 19.09.2024 have now come
to conclusion.
6. Learned advocate Ms. Yukta Sumara for learned
advocate Mr. Siddharth Kheskani appearing for
respondent No.5 has objected to the application by
submitting that after the order passed in review
application by this Court, compliance will have to be
made in terms of the directions contained in the CAV
Judgment in the review application and therefore, it
cannot be said that any cause of action for reviving the
contempt petition has arisen.
7. In view of the aforesaid development, present
application is allowed. The Misc. Civil Application (For
Contempt) No.76 of 2023 stands revived in terms of the
liberty granted in para-3 of our order dated 19.09.2024.
(A.Y. KOGJE, J)
(SAMIR J. DAVE,J)
SIDDHARTH
