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 ==========================================================

Approved for Reporting Yes No ==========================================================

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 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 13/02/2026

ORAL JUDGMENT

RULE

1. . 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 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 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 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 th