C/SCA/1725/2021 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1725 of 2021 ========================================================== JAGATSINH BHURUBHAI DABHI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JK PARMAR(587) for the Petitioner(s) No. 1 MS URVASHI PUROHIT, AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 20/06/2025 ORAL ORDER 1. The prayer in this writ petition is to issue Mandamus to direct the respondent authorities to hear and decide the appeal filed by the petitioner. 2. According to the petitioner, he has preferred an appeal vide Annexure-M to the Additional Chief Secretary, Home Department and the same has remained unconsidered despite lapse of several years. 3. Learned Assistant Government Pleader on the other hand submits that the appeal is not maintainable against the order passed in the revision and therefore, the said appeal has not been considered. 4. Be that as it may. So long as an appeal is preferred, even mistakenly, it would be incumbent on the authority to whom the appeal is presented to pass an order on the said appeal and state as to whether appeal is maintainable or not. The authority to whom the appeal is presented cannot obviously sit over the appeal endlessly. C/SCA/1725/2021 ORDER DATED: 20/06/2025 5. In light of the above, it would be appropriate to direct the Additional Chief Secretary, Home Department, Government of Gujarat to consider the appeal vide Annexure-M and pass appropriate orders thereon. 6. It would be open for the Additional Chief Secretary, Home Department, Government of Gujarat to pass an order that the appeal is not maintainable if the Rules do not in fact provide for such an appeal. The Additional Chief Secretary shall consider the appeal at Annexure-M within a period of FOUR WEEKS from the date of receipt of the copy of this order. 7. With the aforesaid directions, the present petition stands DISPOSED OF. Direct Service is permitted. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/06/2025 17:26:09