Gujarat High Court
Sharadkumar Kantilal Patel vs The State Of Gujarat on 3 November, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/14679/2025 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14679 of 2025
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SHARADKUMAR KANTILAL PATEL
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR MJ MEHTA(5797) for the Petitioner(s) No. 1
MR NANDISH H SHAH(11330) for the Petitioner(s) No. 1
MR SAURABH J MEHTA(2170) for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 03/11/2025
ORAL ORDER
1. Heard Mr. Mithil J. Mehta, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondent-State.
2. By way of the present petition, the petitioner seeks direction to the respondent no. 2 to decide the application for re-grant of land, preferred by the petitioner herein under Section 73AA (5) of the Gujarat Land Revenue Code, 1879 (for short "the Code"), which is pending consideration since 22.10.2018. The said application is preferred by the petitioner herein, in accordance with the order passed by the Deputy Collector dated 22.10.2018, wherein, the respondent no. 2 came to the conclusion that the conditions of Section 73AA (5) of Page 1 of 3 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:31:28 IST 2025 NEUTRAL CITATION C/SCA/14679/2025 ORDER DATED: 03/11/2025 undefined the Code are breached, and in view thereof, the land in question is entered in the name of the respondent no. 1. While passing the said order, it is, however, directed to summarily evict the encroachers and the original owners and occupiers, i.e., the petitioners and other owners could apply for re-grant of land under Section 73AA (5) of the Code.
3. Mr. Mithil J. Mehta, learned advocate submits that the said application, which is duly preferred by the petitioner herein dated 22.10.2018, pursuant to the order passed by the Deputy Collector in No. 3 of 2017 dated 22.10.2018 (Annexure-A) and further representations made thereafter remain undecided.
4. Mr. Jayneel Parikh, learned AGP is not in a position to dispute the aforesaid factual position pointed out by Mr. Mithil J. Mehta, learned advocate, that the initial application made by the petitioner before the respondent no. 2 dated 22.10.2018 remains undecided and it is also submitted that the said representation shall be decided as expeditiously as possible, preferably within a period of 6 months.
5. In view of the aforesaid, the application dated 22.10.2018, preferred by the petitioner herein for re-grant of land under Section 73AA (5) of the Code, is in accordance with the order passed by the Deputy Collector in No. 3 of 2017 dated 22.10.2018 and the same is undecided for more than 7 years. The same be decided within a period Page 2 of 3 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:31:28 IST 2025 NEUTRAL CITATION C/SCA/14679/2025 ORDER DATED: 03/11/2025 undefined of 8 weeks from the receipt of this Order. The present petition stands allowed to the aforesaid extent.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) KUMKUM Page 3 of 3 Uploaded by SHARMA KUMKUM MAHENDRA(HC02349) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:31:28 IST 2025