JYOTIBEN JITUBHAI DESAI Vs. MAYANK RAMESHBHAI PATEL

JUDGEMENT

(1.) Heard learned advocate Mr. Jigar Raval for the applicants, learned advocate Ms. Archana Acharya for the opponent No.1 - original petitioner and learned AGP Mr. J.K. Shah for the opponent - State authorities.

(2.) By way of this application, the applicants have sought for recall of an order dtd. 22/1/2025 passed by this Court in Special Civil Application No.421 of 2025, whereby this Court had directed the Deputy Collector, Vadodara City, to decide a representation preferred by the original petitioner dtd. 19/2/2024.

(3.) To err is human and this Court has no hesitation in accepting that it had erred in passing order dtd. 22/1/2025, but when the Court is made to err by placing incomplete facts that erring would amount to misleading the Court and whereas to this Court, it would appear that the present is a classic case where this Court has been unfortunately made to pass an order, which this Court should not and ought not to have passed. Having said that it would require to be stated that the Courts are manned by Judges, who are ultimately human beings and having the weight of dealing with hundreds of matters per day which are listed on Board. In this melee of proceedings, when an application comes up with an innocuous request where a party is seeking direction of this Court to decide a representation preferred by the said party, the Court relying upon the pleadings, the oral submissions and relying upon assistance rendered by other side, sometimes commits the mistake of not going deep into the facts and trying to ascertain whether even such an innocuous prayer should be granted.