Collector of Vadodara criticized for casting aspersions on judicial officer in affidavit; Court refuses mechanical apology and directs administrative inquiry before contempt proceedings
In a significant judgment dated October 23, 2026, the Gujarat High Court reprimanded the Collector of Vadodara, Shri Anil Dhamelia, for improperly consigning an application seeking non-agricultural (N.A.) use permission under Section 65 of the Gujarat Land Revenue Code, 1879, citing irrelevant grounds and disregarding binding judicial orders. The Court also expressed serious concern over the Collector's affidavit, which unnecessarily attacked the integrity of a former In-charge Chairman of the Gujarat Revenue Tribunal, thereby undermining judicial decorum and sanctity of judicial orders.
The controversy arose when the Collector consigned the petitioners' N.A. use application on the ground of pendency of revision applications before the Gujarat Revenue Tribunal. The petitioners clarified that no such revisions were pending, challenging the order's validity. The Court directed the Collector to file an explanatory affidavit. However, the affidavit filed by the Collector went beyond the scope of the matter and included an extensive narration about a separate case involving the former Tribunal Chairman, who had been relieved of his duties following adverse observations by the Court in unrelated proceedings.
The Court found this narration "wholly unwarranted, irrelevant and prima facie scandalous," viewing it as casting aspersions on a judicial officer, which is unacceptable. It emphasized that judicial orders must be respected and can only be challenged through proper statutory mechanisms, irrespective of the identity or subsequent conduct of the judicial officer who authored them. The Court underscored that proceedings under Section 65 must be assessed within their statutory framework without being influenced by unrelated historical or tenancy matters.
During virtual proceedings, the Collector appeared before the Court and tendered an apology, which the Court rejected as "mechanical," lacking genuine remorse or assurance against recurrence. This was particularly significant given that the same Collector is already facing contempt proceedings for repeatedly ignoring settled legal principles in similar N.A. use permission cases.
Before referring the matter to the Contempt Bench, the Court sought involvement of the Additional Chief Secretary, General Administration Department, who is the disciplinary authority for the Collector. The Additional Chief Secretary was directed to examine the Collector's conduct and apprise the Court of any findings and proposed disciplinary action in the next hearing scheduled for November 27, 2026. The Court granted leave to implead the Additional Chief Secretary as a party respondent, underscoring the gravity of the issue and the need for administrative accountability alongside judicial scrutiny.
This judgment highlights the Gujarat High Court's strict stance on maintaining judicial discipline and decorum, respect for judicial orders, and ensuring accountability of public officials who are entrusted with statutory duties. It sends a clear message that attempts to undermine judicial authority through scandalous allegations in official affidavits will not be tolerated and will attract serious consequences, including possible contempt proceedings.
Bottom Line:
Gujarat Land Revenue Code, 1879 - Section 65 - Collector cannot consign application for non-agricultural use permission by disregarding disposal of revision applications and by relying on irrelevant historical background - Judicial orders cannot be ignored merely because of adverse observations against judicial officer in some other matter - Scandalous averments in affidavit against judicial officer deprecated; apology of Collector treated as mechanical; Additional Chief Secretary directed to examine conduct before matter is referred to Contempt Bench.
Statutory provision(s):
Gujarat Land Revenue Code, 1879 - Section 65
Bharvad Harishbhai Becharbhai v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 3004064
