IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8678 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI ===================================================

Approved for Reporting Yes No ✔

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MEWAD POLYMERS PRIVATE LIMITED Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR. JAY BAROT, AGP for the Respondent(s) No. 1 ===================================================

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

1. RULE. Rule returnable forthwith. Mr. Jay Barot, 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 17.07.2023 by the respondent no.2 in Application No. 21902202301724 (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. 83, 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 respect of Order dated 17.07.2023 by the respondent no.2 in Application No. 21902202301724 (Annexure-A);

(D) Grant such other and further relief(s) 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.83, 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 Solanki Gajendrabhai Amarsinghbhai. That said Gajendrabhai Solanki sold the subject land to one Patel Nandkishore Ranchhodbhai by way of registered sale deed dated 15.05.2000 and the effect of the same was mutated in the revenue records by way of revenue entry no.

814 dated 14.09.2000.

4.1. Thereafter, Patel Nandkishore sold the subject land to one Patel Bhupendrabhai Dahyabhai, by way of registered sale deed dated 03.11.2018 and the effect of the same was mutated in the revenue record by way of revenue entry no. 986 on 08.12.2009. Thereafter, Patel Bhupendrabhai sold the subject land to the present petitioner by way of registered sale deed dated 07.12.2021 and the effect of the same was mutated in the revenue record by way of revenue entry no. 1399 dated

11.02.2022.

4.2. Pursuant thereto, the petitioner preferred an online application dated 15.02.2023 being Application No. 21902202301274 seeking permission under Section 63AA of the Act for use of the subject land for bona-fide industrial purposes.

The respodnent no.2 on 20.04.2022 issued a show cause notice to the petitioner asking the petitioner herein to clarify the aspects that the certificates of whether the owner whose names were mutated in the revenue records by way of revenue entry no. 814 and 986 is not verified.

4.3. The Collector, Vadodara, by order dated 17.07.2023, 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. 814 and 986 is not verified.

5.1. Learned advocate Mr. Bhatia for the petitioner has