Citation : 2026 Latest Caselaw 1909 Guj
Judgement Date : 2 April, 2026
NEUTRAL CITATION
C/SCA/3304/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.3304 of 2026
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JADEJA NARENDRASINH SAMANTSINH
Versus
STATE OF GUJARAT & ORS.
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Appearance :
MR VK JOSHI for the Petitioner.
MS AISHWARYA CHAUDHARY, AGP for the Respondent No.1.
MR HAMESH C NAIDU for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 02/04/2026
ORAL ORDER
1. Heard learned advocate Mr. V. K. Joshi appearing for
the petitioner, learned advocate Mr. Hamesh C. Naidu appearing
for the respondent No.2 and learned AGP Ms. Aishwarya
Chaudhary appearing for respondent No.1.
2. With the consent of learned advocates appearing for
the respective parties, the matter was taken up for final hearing.
Hence, RULE. Learned advocates waives service of rule on behalf
of the respective respondents.
3. Today, when the matter was called out, learned
advocate appearing for the petitioner, in one voice, stated before
this Court that, in view of the further developments and upon
instructions from his client, the petitioner seeks that this petition
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C/SCA/3304/2026 ORDER DATED: 02/04/2026
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be treated as representation, which the respondents may be
directed to consider within a time-bound schedule, and that, in case
the petitioner's representation in the form of this petition is not
considered positively, he may be permitted to revive this petition,
and the petitioner shall not be placed in any disadvantageous
position if the respondents are ready and willing to reconsider their
respective decisions and take a fresh decision in view of the
averments made in this petition.
4. Learned advocate Mr. Hamesh C. Naidu, under
instructions, states that the Court Administration is always open,
ready, and willing to reconsider the issue agitated by the
petitioner, and the respondent has no objections to such
reconsideration, provided that, if the decision goes against the
petitioner, he is allowed to revive this petition by filing a simple
note.
5. Learned advocate Mr. Naidu left it to the Court to
determine the time frame within which the respondent Court
Administration shall decide the representation of the petitioner in
the form of the petition preferred by him.
6. In view of the above broad consensus arrived at
between the parties, and without entering into the merits of the
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matter, the following directions are issued :-
(i) The present petition shall be treated as a
representation, and the respondents, i.e., the respective Registrar
or Court Administration, are directed to consider each petition
independently and pass a separate order in respect of petitioner
within a period of four months from today, but in any case not later
than 31.08.2026.
(ii) If a representation is rejected, the respondents are
directed to pass a reasoned order stating the reasons for not
accepting the version of the petitioner in the form of this petition.
However, if the petitioner's representation is accepted, the
respondents are directed to pass an appropriate order granting
benefits to the present petitioner within a period of three months,
and the payment on the basis of such orders shall be made within a
period of three months thereafter.
(iii) In case the representation in the form of this petition is
not considered positively, it shall be open to the present petitioner
to file a simple note for revival of the petition.
(iv) During the interregnum period, or while passing the
final order, the respondents are directed not to place the petitioner
in any disadvantageous position in terms of monetary benefits
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already availed by him.
(v) The aforesaid order is passed based on the broad
consensus arrived at between the parties and without entering into
the merits of the matter. However, in case the petitioner is
required to file a note for revival of the petition, all the rights and
contentions of the parties are kept open.
(vi) The petitioner is also directed to file a summary, not
exceeding four pages, along with the petition, to be submitted
latest by 15.04.2026 to the Registry of this Court.
7. With the above directions, this petition is disposed of.
Rule made absolute to the aforesaid extent only.
(NIRZAR S. DESAI,J)
SAVARIYA
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