C/SCA/1587/2014 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1587 of 2014 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2014 In R/SPECIAL CIVIL APPLICATION NO. 1587 of 2014 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 1587 of 2014 With CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025 In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 1587 of 2014 ========================================================== STIVANSAN Y DAMOR Versus UTTAR GUJARAT VIJ COMPANY LTD & ORS. ========================================================== Appearance: MR BHARAT T RAO(697) for the Petitioner(s) No. 1 MR HENIL M SHAH, AGP for the Respondent(s) No. 3 MR DIPAK R DAVE(1232) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 14/10/2025 ORAL ORDER Order on Civil Application No.2 of 2025 with Civil Application No.1 of 2025 : Considering the averments made in these applications, submissions canvassed by the learned advocates and the principles of Order XXII of the Code of Civil Procedure, 1908 as well as keeping in mind the ratio laid down by the Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag and another versus Mst. Katiji and others reported in AIR 1987 SC 1353, C/SCA/1587/2014 ORDER DATED: 14/10/2025 these applications are required to be allowed. Accordingly, allowed, by condoning the delay. Heirs are permitted to be brought on record. Necessary amendment be carried out forthwith. Order on Special Civil Application No.1587 of 2014 : 1. The present petition is filed by the petitioner with the following main prayers. “ 38(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the advertisement dated 10.12.2013 issued by the respondent no.1 inviting applications for the post of Addl. General Manager (HR) by direct recruitment and further be pleased to direct the respondent no.1 to fill in the said post only by promotion as per the settlement with GEB Supervisory Staff Association, instructions of the government and policy of GUVNL; (B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.1 to forthwith give charge of the post of Addl. General Manager (HR) to the petitioner as per the directions / instructions of the Govt. of Gujarat dated 04.05.2011 and C/SCA/1587/2014 ORDER DATED: 14/10/2025 04.02.2012. (C) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order of direction, directing the respondent nos.2 & 3 to look into the matter as the respondent no.1 is not acting as per the instructions / directions of the Govt. of Gujarat and settlement and directions and policy of the GUVNL and to direct them to intervene in the matter. (D) Pending admission, hearing and final disposal of this petition, be pleased to restrain the respondents from acting further in pursuance to the advertisement dated 10.12.2013 issued inviting applications for the post of Addl. General Manager (HR) and appointing anyone by way of direct recruitment on the said post in pursuance to the said advertisement and appoint the petitioner on the said post by way of promotion.” 2. At the outset, learned advocate for the respondent has drawn the attention of this Court towards the affidavit in reply filed by the contesting respondent in Civil Application No.1 of 2025, more particularly para : 4 thereof, which reads as under. Page 3 of 4 C/SCA/1587/2014 ORDER DATED: 14/10/2025 “4. In fact, looking to the prayers in the petition, it is very clear that the cause to sue does not survive. The prayer in the petition was not to proceed with the advertisement dated 10.12.2013. In fact, the advertisement dated 10.12.2013 was acted upon long back and selection procedure was also carried out. Thus, it cannot be said that right to sue still survives. In fact, the petition itself had become infructuous and therefore, from 2018 till 2025 the applicants did not deem it fit to approach this Hon’ble Court.” 3. In view of above, the prayers in main petitioner would practically become infructuous. Accordingly, the present petition is disposed of, as having become infructuous. Notice is discharged. Interim relief, if any, stands vacated. Order on Civil Application No.1 of 2014 : In view of disposal of main matter, this application would not survive and is disposed of accordingly. (SANDEEP N. BHATT,J) M.H. DAVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/10/2025 17:16:45