C/SCA/9906/2026 ORDER DATED: 23/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9906 of 2026 ========================================================== DECEASED PRAMODBHAI ATMARAM DESAI THROUGH HIS LEGAL HEIRS & ORS. Versus THE SPECIAL SECRETARY (APPEALS) REVENUE DEPARTMENT & ORS. ========================================================== Appearance: MR JAYDEEPSINH H RAJPUT(8185) for the Petitioner(s) No. 1,2,3,4,5,6 MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1,2,3,4,5,6 MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 23/07/2026 ORAL ORDER 1. In the present Writ Petition, the petitioners have prayed for the following reliefs :- “(A) YOUR LORDSHIPS may be pleased 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 order dated 20.01.2025 passed by the respondent no.1 authority in Revision Application No.MVV/JMN/SAT/21/2024 (Annexure-A) as well as order dated 28.03.2005 passed by Ld. Deputy collector, Surat in Remand case No. JMN/73AA(4)/Case No. 8 of 2000(Annexure-J); (B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the implementation, operation and execution of the order dated 20.01.2025 passed by the respondent no.1 authority in Revision Application No.MVV/JMN/SAT/3/2005 (Annexure-A) as well as order dated 28.03.2005 passed by Ld. Deputy collector, Surat in Remand case No. JMN/73AA(4)/Case No. 8 of 2000 (Annexure-J) and further be pleased to direct the respondent authorities to maintain status quo over the land in question and further be pleased to direct the respondents not to take any coercive action against the petitioners; (C) Any other and further relief that may deem fit by this Hon'ble Court in the interest of justice;” C/SCA/9906/2026 ORDER DATED: 23/07/2026 2. It appears that this Court, vide order dated 09.03.2023 in Special Civil Application No.4108 of 2019 filed by the petitioners herein, set aside the order dated 31.12.2015 passed by the learned Secretary (Appeals), Revenue Department (hereinafter referred as to “SSRD” for short) and remanded the matter back to the learned SSRD to pass fresh de novo order after recording the reasons in accordance with law. After the said remand, the learned SSRD, by the impugned order dated 20.01.2025, has passed a reasoned order. The original applicant Pramodbhai Atmaram Desai had expired on 25.11.2020. Inadvertently, the petitioners herein failed to implead/substitute themselves in the remand proceedings before the learned SSRD. Accordingly, in paragraph 1.2 of the impugned order, the learned SSRD has observed that despite sending four notices to the applicant Pramodbhai Atmaram Desai, he has failed to remain present and therefore, the learned SSRD has decided the revision application on merits by giving reasons. 3. Apparently, the impugned order has been passed against the dead person in the remand proceedings. Accordingly, the impugned order dated 20.01.2025 is set aside. The Revision Case No.21 of 2024 is remanded back for fresh consideration on merits. The petitioners shall prefer an application for substitution impleading themselves as applicants in place of Pramodbhai Atmaram Desai within a period of two weeks from today. The learned SSRD shall thereafter grant them an opportunity of hearing and pass a reasoned order adjudicating the contentions raised by the petitioners herein, who are proposed applicants before the learned SSRD. The remand proceedings shall be completed within a period of 10 weeks from today. C/SCA/9906/2026 ORDER DATED: 23/07/2026 4. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon. 5. The Special Civil Application is disposed of accordingly. Direct service is permitted. (ANIRUDDHA P. MAYEE, J.) cmk Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHANDRASHEKHAR MAHESHKUMAR KOSHTI(HC01066), Principal Pvt. Secretary, at High Court of Gujarat on 24/07/2026 11:17:24