Gujarat High Court
Harshadrai Shantilal Karvat vs District Panchayat, Gir Somnath on 12 June, 2025
NEUTRAL CITATION
C/SCA/1108/2020 ORDER DATED: 12/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1108 of 2020
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HARSHADRAI SHANTILAL KARVAT
Versus
DISTRICT PANCHAYAT, GIR SOMNATH & ORS.
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Appearance:
MR PS CHAMPANERI(214) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 4
MS KHYATI P HATHI(346) for the Respondent(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 12/06/2025
ORAL ORDER
1. The present petition has been filed for seeking the following reliefs:
"(A) This Hon'ble Court will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondents to fix the pension of the petitioner and to pay the arrears with interest forthwith;
(B) This Hon'ble Court by way of interim direction will be pleased to direct the respondent authorities to pay arrears of pension payable to the petitioner on and from 01.07.2018 till the date of payment and further be pleased to direct the respondent authorities to determine the pension payable Page 1 of 4 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 22:45:18 IST 2025 NEUTRAL CITATION C/SCA/1108/2020 ORDER DATED: 12/06/2025 undefined to the petitioner and to pay accordingly regularly, till pending hearing and final disposal of this petition;
(C) Be pleased to pass such other and further orders as may be deemed fit and proper."
2. Heard Mr. P.S. Champaneri, learned advocate for the petitioner, M. Khyati hathi, learned advocate for the respondent Nos.1 to 3 and learned AGP Ms. Surbhi Bhati for the respondent - State.
3. At the outset, learned advocates for the respective parties submit that in view of the affidavit-in-reply, the present petition can be disposed, more particularly, considering paragraph No.9 to 13, which are as under:
"9. I say that thereafter, at the conclusion of the regular enquiry held against the petitioner, by an order dated 24- 11-2021, the said enquiry was ordered to be filed or dropped. Annexed hereto and marked Annexure "IV" is a xerox copy of the said order.
10. I say that thereafter, by a letter dated 11/13-7-2022, regular pension of the petitioner has been authorized. Annexed hereto and marked Annexure "V" is a xerox copy of the said letter.
11. I say that the then D.D.O.Gir Somnath has, vide is Page 2 of 4 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 22:45:18 IST 2025 NEUTRAL CITATION C/SCA/1108/2020 ORDER DATED: 12/06/2025 undefined letter dated 27-7-2022, forwarded the said letter of authority and original service book of the petitioner to the Taluka Development Officer, Kodinar with a request to initiate further action. Annexed hereto and marked Annexure "VI"
is a xerox copy of the said letter.
12. I say that thus, the regular pension of the petitioner has now been authorized and, therefore, after all the requisite formalities which are required to be followed by the petitioner as per the Pension Rules, his pension together with arrears admissible to him will be credited to his Bank Account. I say that as stated hereinabove, since the payment of pension has been authority, it is for the petitioner to approach the authorities concerned with a view to see that all the formalities are completed and on completion of such formalities, the amount of his pension together with arrears, if any, will be credited to his account.
13. In view of the aforesaid facts, it is clearly demonstrated that the grievance sought to be raised in this petition stands remedied and therefore, the petition does not survive."
4. Mr. P.s. Champaneri, learned advocate for the petitioner also submits that the petitioner is also present before this Court. The petitioner has also confirmed the details pursuant to the affidavit-in-reply.
Page 3 of 4 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 22:45:18 IST 2025NEUTRAL CITATION C/SCA/1108/2020 ORDER DATED: 12/06/2025 undefined
5. Considering the same, now no cause to consider the present petition any further will survive. Accordingly, in view of the above facts and considering the averments made in the above reply, the present petition is disposed of. Notice stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 4 of 4 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jun 12 2025 Downloaded on : Thu Jun 12 22:45:18 IST 2025