Why State Preferred Appeal In Private Dispute Despite Govt Counsel Advising Against It? Gujarat High Court Seeks Explanation

The Gujarat High Court on Friday (January 16) directed the Additional Chief Secretary of the revenue department to conduct an inquiry into why despite a negative opinion given by the government pleader's office against filing of State appeal in a private dispute, the department insisted on filing the same.

For context, the court had last month dismissed the State's appeal against a single judge's decision which had quashed orders passed by the revenue authorities refusing mutation of a land to a woman, which was based on consent decree between her and her brother passed by the civil court.

In doing so the court said that it was deeply disturbed by the State filing frivolous appeal by wasting public funds and judicial time in a case where the State had no interest in the land in question which was subject matter of a dispute between two heirs of a tenure holder. The court had then asked the Advocate General to submit a report in the matter.

During the hearing today, counsel appearing for the State submitted before a division bench of Chief Justice Sunita Agarwal and Justice DN Ray that the Advocate General had submitted a report but had sought two weeks time for report of the Additional Chief Secretary.

After hearing the matter for some time the court in its order dictated:

"On the instructions issued by this court in order dated 11-12-2025 for inquiry at the ends of the State into the manner in which decision has been taken in filing an appeal against an order, which was pertaining to proceedings undertaken by revenue authorities wherein implementation of civil court's decree was sought, the report submitted by the learned Advocate General of the State after conducting inquiry at this end has been placed.

A perusal of the report indicates that learned assistant government pleader (AGP) addressed a letter dated 24-12-2025 to the learned government pleader (GP) that despite there being a negative opinion of concerned assistant government pleader followed by similar opinion of legal department on two occasions, there was insistence on part of revenue department in preferring the captioned LPA".

The court noted that this observation in the report of the Advocate General of the State indicates that office of the government pleader gave a negative opinion in matter of filing present LPA.

"What could be justification of revenue department in insisting the office of government pleader for filing of the appeal is required to be explained before us. The Additional Chief Secretary of revenue department is required to conduct an inquiry as directed in terms of order dated 11-12-2025 at the earliest and submit a report by filing a personal affidavit," the court directed.

The matter is listed on February 6.

Case title: STATE OF GUJARAT & ORS. v/s JETHIBEN BHAGVANDAS SHAMBHUVANI

F/LPA/32776/2025