DIPAKBHAI SHIVABHAI VANIKAR v. HEIRS OF DECEASED RAYJIBHAI BECHARBHAI VANKAR
SCA/14622/2025 · 2025-10-16
Vaibhavi D Nanavati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8843 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8843 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/14622/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14622 of 2025 =================================================== DIPAKBHAI SHIVABHAI VANIKAR & ORS. Versus HEIRS OF DECEASED RAYJIBHAI BECHARBHAI VANKAR & ORS. =================================================== Appearance: MR YN RAVANI(718) for the Petitioner(s) No. 1,2,3,4 MS. DEVANSHIBA RANA, AGP for the Respondent(s) No. 3,4,5 ===================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 16/10/2025
ORAL ORDER
1. Heard Mr. Y.N. Ravani, learned advocate appearing for the petitioners and Ms. Devanshiba Rana, learned AGP appearing for the respondents – State.
2. By way of the present petition, petitioners herein have prayed for the following reliefs:
“9. The petitioners therefore, pray that:- (A) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction and be pleased to direct the Ld. Revenue Secretary (Appeals) to hear the revision application of the petitioners being Revision Application No. MVV/HKP/VAD/14/2023 by setting aside the
C/SCA/14622/2025 ORDER DATED: 16/10/2025
order passed by the Ld. Secretary dated 22/08/2025 shown at Annexure "A" to the present petition; (B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondent No.5 authority to consider the Revision Application No.MVV/HKP/VAD/14/2023 preferred by the petitioners; (C) Your Lordships may be pleased to grant such other and further relief as may be deemed just and proper by this Hon'ble Court.”
3.1. Mr. Ravani, learned advocate submits that the petitioners herein have preferred the Revision Application No. MVV/HKP/VAD/14/2023, which is pending since 2023 (registered on 14.02.2023), however, the same is not decided. 3.2. The petitioners herein preferred an application for early hearing, however, the same is also rejected by order dated 22.08.2025 (Annexure-A). In view thereof, the petitioners herein are constrained to approach this Court by way of the present petition. 3.3. It is submitted that the petitioners herein have stated the reasons for early hearing in the said Application, however, the same are not considered by the competent authority and the
C/SCA/14622/2025 ORDER DATED: 16/10/2025 authority has declined the petitioners’ request for early hearing of the Revision Application. 3.4. Reliance is placed on the order dated 10.02.2023 passed in Special Civil Application No.2211 of 2023, wherein, in an identical issue, such order was quashed and set aside and the application was directed to be heard. 4. Ms. Devanshiba Rana, learned AGP submits that the matters are taken-up in seriatim by the learned SSRD, and therefore, the petitioners may wait till, his matter is taken-up for hearing in seriatim. 5. Having heard the learned advocates appearing for the respective parties, in the opinion of this Court, considering the ratio laid down in the order dated 10.02.2023 passed in the Special Civil Application No.2211 of 2023, the SSRD is duty bound to list the matter for hearing, upon an application preferred seeking early hearing of the main Revision Application, if there is any predicament faced by the litigant. The same is required to be considered sympathetically. Page 3 of 4
C/SCA/14622/2025 ORDER DATED: 16/10/2025
6. In view of the aforesaid, the impugned order dated 22.08.2025 passed by the respondent no.5 - SSRD in MVV/HKP/VAD/14/2023 is quashed and set aside.
The respondent no.5 – SSRD is directed to decide the Revision Application No. MVV/HKP/VAD/14/2023 as expeditiously as possible, preferably within a period of 12 months from the receipt of this order. 7. The present petition stands allowed to the aforesaid extent. Direct service is permitted. (VAIBHAVI D. NANAVATI,J) Pradhyuman Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PRADHYUMANSINH DILIPSINH RAHEVAR(HC01408), PRIVATE SECRETARY, at High Court of Gujarat on 03/11/2025 11:39:28