Citation : 2026 Latest Caselaw 801 Guj
Judgement Date : 27 February, 2026
NEUTRAL CITATION
C/WPPIL/118/2021 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2026
In
R/WRIT PETITION (PIL) NO. 118 of 2021
With
R/WRIT PETITION (PIL) NO. 118 of 2021
======================================
ILYAS ABDUL RAZAK HASAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MA KHARADI(1032) for the Applicant(s) No. 1
MR SANJAY UDHWANI, ASSISTANT GOVERNMENT
PLEADER/PP for the Opponent(s) No. 1
MR MEHUL H RATHOD(701) for the Opponent(s) No. 3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 27/02/2026
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. This writ petition filed in the nature of public interest litigation is pending since 24.09.2021. A perusal of the order- sheet indicates that on none of the date fixed in the matter, the learned advocate for the applicant has argued the same. On the last date fixed in the year 2023, leave note was sent by the learned advocate appearing for the petitioner. So far, only notice has been issued to the respondent No.3, namely Godhra Municipality impleaded through the Chief Officer thereof.
NEUTRAL CITATION
C/WPPIL/118/2021 ORDER DATED: 27/02/2026
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2. The learned Counsel for the petitioner earlier made a statement that the petitioner would not be pressing the writ petition as against respondents Nos.1 and 2.
3. Mr. Abhijit Rathod, learned advocate holding brief of Mr. Mehul Rathod, learned advocate has put in appearance on behalf of respondent No.3.
4. The prayers made in the writ petition are as under:-
(A) Admit the petition.
(B) Allow this petition by directing the respondent
authorities to resurface / reconstruct the road from Kalabhai Petrol Pump to Kothi Steel known as Vejalpur Road forthwith.
(C) Allow this petition by directing the respondent authorities to resurface / reconstruct the roads from Royal Hotel to Shimla Circle forthwith. (D) Allow this petition by directing the respondent authorities to resurface / reconstruct the roads from Kesari Circle (Polan Bazar) to Old Octroi Post known as Mazavar Road forthwith.
(E) Allow this petition by directing the respondent authorities to maintain street lights in the entire area of western part of Godhra Town.
(F) Allow this petition by directing the respondent authorities to implement garbage removal program with spread of DDT at the vulnerable points and by providing
NEUTRAL CITATION
C/WPPIL/118/2021 ORDER DATED: 27/02/2026
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fumigation in the localities.
(G) Grant the interim relief by mandating the respondent authorities to start the road resurfacing work, street lights maintaining work and garbage removal work along with spreading DDT and fumigation on a priority basis in the interest of justice.
(F) Award the cost of this petition.
(I) Grant such other and further relief/s which may
deem fit to this Honourable Court in the interest of justice.
5. It is evident that the petitioner though sought intervention of the Court to issue directions to the Godhra Municipality in the matter of reconstruction of road, maintenance of streetlight and cleaning of public spaces etc., but did not pursue the matter for a period of more than four years for the reasons best known to him.
6. On 24.02.2026, a Civil Application for further orders has been filed with the prayers as under:-
(A) Admit this application.
(B) Allow this application by directing the respondent
Municipality to reconstruct / resurface the roads
mentioned in prayer clause 12(B), (C) and (D) to this
petition.
(C) Allow this application directing the respondent
Municipality to blacklist the contractors through whom the above referred roads were constructed / resurfaced.
NEUTRAL CITATION
C/WPPIL/118/2021 ORDER DATED: 27/02/2026
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(D) Allow this application by directing the respondent Municipality to maintain the streetlight in the western part of Godhra Town with further direction to remove the garbage from all spots on daily basis (E) Award the cost of this application. (F) Grant such other and further relief/s as may deem fit to the Hon'ble Court in the interest of justice.
7. It may be noted that by means of the Civil Application seeking further direction, the petitioner seeks to change the nature of the present petition, without seeking any amendment to the prayers therein. The contention in the Civil Application that RCC road was laid but has vanished, and therefore, action is to be taken against the contractor to blacklist him for compromising the quality of construction work, cannot be permitted to be agitated for the above reasons. The Civil Application is rejected as misconceived.
8. It seems that the cause of action for filing the writ petition does not survive as on date. The writ petition is accordingly, dismissed, as infructuous. For any other grievances of the petitioner, if surviving, it would be open for him to approach the Chief Officer, Godhra Municipality by moving a proper request / representation.
(SUNITA AGARWAL, CJ.)
(D.N.RAY, J.)
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