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2022 DAILYLAW 1874 (GUJ)

NODHABHAI BIJALBHAI JADAV v. STATE OF GUJARAT

SCA/26880/2022 · 2026-04-17

Maulik J Shelat

body2022

Judgment text

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C/SCA/26880/2022 ORDER DATED: 17/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 26880 of 2022 ================================================================ NODHABHAI BIJALBHAI JADAV Versus STATE OF GUJARAT & ORS. ================================================================ Appearance: MR NILESH M SHAH(780) for the Petitioner(s) No. 1 MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 SERVED BY RPAD (N) for the Respondent(s) No. 1,2,3 ================================================================ CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 17/04/2026 ORAL ORDER 1. Heard Mr. Nilesh M. Shah, learned advocate for the petitioner and Ms. Forum Bimal Sukhadwala, learned AGP for the respondent No. 1. 2. At the outset, Ms. Sukhadwala, learned AGP, under the instruction of her client and in view of the communication dated 16.06.2025 issued from the office of Executive Engineer, Surendranagar to the office of Government Pleader, High Court of Gujarat, Ahmedabad would state that during the pendency of this petition, the legitimate dues of the petitioner is already paid. The aforesaid communication is taken on record. 3. Per contra, Mr. Shah, learned advocate for the petitioner would state that it is true that the payment has been made as per the aforesaid communication, but the C/SCA/26880/2022 ORDER DATED: 17/04/2026 liberty may be reserved in favour of the petitioner in a case where there is any short fall in the payment. 4. In view of the aforesaid development which has taken place during the pendency of this petition and according to my view, nothing would survive in the matter except to say that in a case where the petitioner will find that there is any short fall in the payment, it is open for the petitioner to make suitable representation to the concerned respondent authority and the same shall be considered by the authority concerned in accordance with law. It goes without saying that in case of rejection of the future claim of the petitioner, it is always open for the petitioner to file substantive petition. 5. Accordingly, the present petition is disposed of. Notice is discharged. (MAULIK J.SHELAT,J) SYED SHAHANAZ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SYED SHAHANAZ(HC02353), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/04/2026 15:18:05