C/SCA/7342/2021 JUDGMENT DATED: 17/06/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 7342 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 7340 of 2021

With

R/SPECIAL CIVIL APPLICATION NO. 7270 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J.B.PARDIWALA

and

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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1

Whether Reporters of Local Papers may be allowed to

see the judgment ?

YES

2

To be referred to the Reporter or not ?

YES

3

Whether their Lordships wish to see the fair copy of

the judgment ?

NO

4

Whether this case involves a substantial question of

law as to the interpretation of the Constitution of India

or any order made thereunder ?

NO

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PIPARA AND CO LLP

Versus

GUJARAT STATE POLICE HOUSING CORPORATION LIMITED

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Appearance:

IN SPECIAL CIVIL APPLICATION NO.7342 OF 2021:

MR MANISH BHATT, SENIOR ADVOCATE FOR M R BHATT & CO.(5953) for the

Petitioner(s) No. 1,2

MR MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1,2

MR CHINTAN DAVE AGP for the Respondent(s) No. 2

MR G H VIRK(7392) for the Respondent(s) No. 3

MR VARUN K.PATEL(3802) for the Respondent(s) No. 1

MR VISHAL DAVE ADVOCATE for the Respondent No.4

NOTICE SERVED BY DS(5) for the Respondent(s) No. 4

IN SPECIAL CIVIL APPLICATION NO.7340 OF 2021:

MR MANISH BHATT, SENIOR ADVOCATE FOR M R BHATT & CO.(5953) for the

Petitioner(s) No. 1,2

MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1,2

MR CHINTAN DAVE AGP for the Respondent(s) No. 2

MR G H VIRK(7392) for the Respondent(s) No. 3

for the Respondent(s) No. 1

Page 1 of 41

C/SCA/7342/2021 JUDGMENT DATED: 17/06/2021

IN SPECIAL CIVIL APPLICATION NO.7270 OF 2021:

MR MANISH BHATT, SENIOR ADVOCATE FOR M R BHATT & CO.(5953) for the

Petitioner(s) No. 1,2

MR MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1,2

MR CHINTAN DAVE AGP for the Respondent(s) No. 2

MR G H VIRK(7392) for the Respondent(s) No. 3

MR KEYUR GANDHI ADVOCATE FOR NANAVATI ASSOCIATES (1375) for the

Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA

and

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 17/06/2021

COMMON ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1

As the issues raised in all the captioned writ applications are the

same, those were taken up for hearing analogously and are being

disposed of by this common judgement and order.

2

In administrative law rule of natural justice are foundational and

fundamental concepts. Law is now well settled that the principles of

natural justice are part of legal and judicial proceedings.

[Rattan Lal Sharma vs. Managing Committee, Dr. Hari Ram Higher

Secondary School AIR [1993] SC 2155 para 9]

3

We are tempted to preface our judgement with the aforenoted

observations of the Supreme Court as in the case on hand the writ

applicant has been very badly condemned and that too unheard.

4

The Special Civil Application No.7342 of 2021 is treated as the

lead matter.

5

By this writ application under Article 226 of the Constitution of

Page 2 of 41

C/SCA/7342/2021 JUDGMENT DATED: 17/06/2021

India, the writ applicants have prayed for the following reliefs:

“(a) This Hon’ble Court may be pleased to issue a writ of mandamus or

any other writ, order or direction of petitioner No.1 as statutory Auditor

effected for F.Y. 2020-21 and be pleased to grant consequential relief of

reinstatement.

(b) This Hon’ble Court may be pleased to issue a writ of mandamus or

any other writ, order or direction directing respondents to produce on

record the letter dated 05.12.2020, in the