Gujarat High Court
Mewad Polymers Private Limited vs State Of Gujarat on 13 February, 2026
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10163 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting Yes No
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MEWAD POLYMERS PRIVATE LIMITED
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR ANGESH PANCHAL, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 13/02/2026
ORAL JUDGMENT
1. RULE. Rule returnable forthwith. Mr. Angesh Panchal, learned AGP waives service of Rule for the respondents.
2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.
3. By way of the present petition, petitioner herein has Page 1 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026 NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined prayed for the following reliefs:
"(A) Your Lordships may be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction, to quash and set aside the Order dated 04.01.2022 passed by Respondent No.2 in Application No.21902202101266 (Annexure-A); (B) Your lordships may be pleased to issue a writ of mandamus or any other writ of appropriate nature, order or direction, directing the Respondent No.2 to grant Certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for land situated at Revenue Survey No.70, Village-Fazalpur (Ankhi), Taluka- Vadodara, Vadodara in the interest of justice;
(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay further proceedings in Order dated
04.01.2022 passed by Respondent No.2 in Application No.21902202101266 (Annexure-A);
(D) Grant such other and further reliefs) as may be deemed fit in the interest of justice and equity."
4. The brief facts leading to the filing of the present writ petition are that the petitioner purchased the subject land situated at Revenue Survey No.70, Village- Fazalpur (Ankhi), Tal. & Dist.: Vadodara [for short "the subject land"] for industrial Page 2 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026 NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined purposes under the provisions of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 ["the Act" for short]. The subject land originally belonged to Prakashchandra Ushakant Vaishnav, Udaybhai Ushakant Vaishnav and Pragyaben Ushakant Vaishnav. That said Prakashchandra Ushakant Vaishnav, Udaybhai Ushakant Vaishnav and Pragyaben Ushakant Vaishnav sold the subject land to one Patel Nikunj Chunnilal Patel by way of registered sale deed dated 24.12.2020 and the effect of the same was mutated in the revenue records by way of revenue Entry No.1348 dated 10.03.2021.
4.1. Pursuant thereto, the petitioner preferred an online application dated 10.03.2021 being Application No. 21902202101266 before the respondent No.2 seeking permission under Section 63AA of the Act for use of the subject land for bona-fide industrial purposes. The respondent no.2 on 30.07.2021 issued a show cause notice to the petitioner asking the petitioner herein to clarify the aspects about the Agricultural Certificate of the earlier owners and that Revenue Entry No.1960 Page 3 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026 NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined is required to be verified from the Village Form No.7/12. 4.2 The respondent No.2 - Collector, Vadodara, by order dated 04.01.2022, rejected the said application on the grounds that the certificates of whether the owners whose names were mutated in the revenue records by way of Revenue Entry No.1960 is not verified.
5.1. Learned advocate Mr. Bhatia for the petitioner has submitted that the impugned order dated 04.01.2022 is wholly arbitrary, mala-fide, and passed without due application of mind, and therefore, deserves to be quashed and set aside. It is submitted that the impugned order is unreasonable and suffer from lack of cogent reasons. It is further contended that the respondent authority has travelled beyond the jurisdiction conferred under Section 63AA of the Act and therefore, the impugned order is without authority of law. 5.2. That the power exercised by the Collector under Section 63AA of the Act is administrative in nature and not quasi- Page 4 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026
NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined judicial. Consequently, the principle of functus-officio or bar on filing of a fresh application does not apply. That as per Section 63AA(3)(a) of the Act, upon receipt of notice from the purchaser within 30 days of purchase, the Collector is required to hold an inquiry to satisfy himself that the purchase was made for bonafide industrial purposes and thereafter issue a certificate. Rejection of the application de-hors the said provision is, therefore, beyond jurisdiction. The impugned order is thus, unsustainable in law and liable to be quashed and set aside. 6.1. Per contra, learned AGP Mr. Angesh Panchal, for the respondents submits that the Collector was bound by the statutory provisions and no error has been committed by the Collector, while rejecting the application. Learned AGP submits that the scheme of the Act is that upon an applicant making an application for grant of certificate for bona-fide industrial purpose, the Collector after making an inquiry has to satisfy himself that the purchaser has validly purchased the land for a bona-fide industrial purpose in conformity with the provisions of Page 5 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026 NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined Act. Thereafter, a certificate to such effect can be issued in the form prescribed.
6.2. The learned AGP submitted that if the Collector is not satisfied then after giving an opportunity of being heard, he can refuse certificate to the person in question and the sale of land would be deemed to be in contravention of Section 63AA. Learned AGP relied upon Clause 3d(i) of Section 63AA and submitted that upon refusal to issue a certificate by a Collector, the purchaser may file an appeal to the State Government or such officer as having been authorized by the State Government. Learned AGP would submit that the application of the present petitioner having been rejected, it was incumbent upon the petitioner to have preferred an appeal before the Special Secretary, Revenue Department. Thus learned AGP submits that this Court may not to interfere with the impugned order.
7. Heard the learned advocates for the respective parties and perused the documents on record. Page 6 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026
NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined
8. Section 63AA of the Bombay Tenancy and Agricultural Lands Act does not confer to the Collector any quasi-judicial power but he exercises an administrative function. Section 63AA enables a person to purchase or enter into an agreement for sale of agricultural land, notwithstanding the provisions of sub- section (1) of Section 65B of the Bombay Land Revenue Code, 1879, provided that the land is intended to be used for bona-fide industrial purpose. The provision further requires the purchaser to intimate the Collector within 30 days of purchase and furnish relevant particulars, failing which fine can be imposed. Upon receipt of such application the Collector has to satisfy himself that the purchase has been made for bona-fide industrial purpose in accordance with the statutory parameters and thereafter, issue a certificate in favor of the purchaser. If the Collector is not satisfied then he can refuse to grant the certificate after affording the purchaser an opportunity of hearing and such a rejection would result in the transaction being treated in contravention of Section 63 of the Act. The Page 7 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026 NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined statute also provides a right of appeal to the State Government or an officer notified by it, against the Collector's refusal. Therefore, the process under Section 63AA is administrative in nature and does not involve any adjudicatory process or quasi- judicial function.
9. Further, rejection of an application on the ground of deficiency or technical defect cannot be termed as an order on merits under Section 63AA of the Tenancy Act. If the rejection is based purely on technical or procedural deficiency then filing of an appeal before the Appellate Authority for removal of the same would be contrary to the provisions of Section 63AA. Thus, an applicant can file a fresh application after removal of deficiencies/ technical objections.
10. In the present case, the impugned order reveals that the appeal preferred by the petitioner has been rejected on the ground of technical deficiencies. In view of the above discussion and reasoning, the impugned order dated 04.01.2022 is quashed and set aside.
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NEUTRAL CITATION C/SCA/10163/2024 JUDGMENT DATED: 13/02/2026 undefined 10.1. If the petitioner were to prefer a fresh application, the respondent No.2 - Collector, Vadodara, to consider and decide the said application afresh, independently and in accordance with law, within a statutory period.
11. The writ petition stands allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent. No order as to costs.
Direct Service is permitted.
(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 9 of 9 Uploaded by K.K. SAIYED(HC00169) on Mon Mar 02 2026 Downloaded on : Sat Mar 14 00:55:55 IST 2026