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2026 DAILYLAW 3198 (GUJ)

VALABHAI KANAHBHAI KHER v. STATE OF GUJARAT

MCA/2140/2026 · 2026-08-31

Nirzar S Desai

body2026

Judgment text

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C/MCA/2140/2026(GJHC240649112026) ORDER DATED: 31/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2140 of 2026 In R/SPECIAL CIVIL APPLICATION/4613/2026 ========================================================== VALABHAI KANAHBHAI KHER & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DIPAN DESAI(2481) for the Applicant(s) No. 1,2,3 MR NIKUNJ KANARA, AGP for the Opponent(s) No. 1,2,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 31/08/2026 ORDER 1. By way of this MCA, it is brought to the notice that at one point of time, learned Advocate Mr. Dipan Desai had brought it to the notice of the Court that while dictating the order, initially, para 9 was dictated as it is. But thereafter, an attention was drawn of the Court that in view of the statement made by learned Advocate Mr. Dipan Desai that the market committee or the petitioners shall not take any policy decision till, the sentence that “the administration of the market committee shall be continued with the administrator” was deleted. 2. Today, it is brought to the notice of the Court that despite the Court was agreeable that the aforesaid sentence would not be a part of the order in view of the C/MCA/2140/2026(GJHC240649112026) ORDER DATED: 31/08/2026 statement made by learned Advocate Mr. Dipan Desai, the same is incorporated in the order and therefore, the aforesaid sentence is required to be deleted. 3. Learned AGP could not dispute the aforesaid statement made by learned Advocate Mr. Dipan Desai. 4. In view of the that, para 9 of the order dated 13.08.2026 be read as under: “9. With the above observation and direction, the petition is allowed in terms of prayer made. However, it is clarified that the aforesaid order is quashed only in respect of granting hearing of the petitioners and till the respondent no. 1 adjudicates upon the issue once again. Rule made absolute.” 5. Accordingly, the present MCA is allowed. Direct service is permitted. (NIRZAR S. DESAI,J) Anuj Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 31/08/2026 17:53:49