IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8694 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:

PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MS DEVANSHIBA RANA, 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. Ms. Devanshiba Rana, learned AGP waives service of Rule for the respondents.

2. By way of the present petition, petitioner herein has prayed for the following reliefs:

“(7. For the reasons stated hereinabove, and such other as may be advanced at the time of hearing of this Petition, the petitioner above named, most respectfully prays that:

(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 12.09.2021 by respondent no.2 in Application No.21902202100807.

(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.80/p3, 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 12.09.2021 by respondent no.2 in Application No.21902202100807 (Annexure-A);

(D) Grant such other and further relief(s) as may be deemed fit in the interest of justice and equity.”

3. 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. 80/p3, 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 Panubhai Nanubhai Patel. That said Panubhai Nanubhai Patel sold the subject land to one Krupali Krushi Pashu Sanshodhan Kendra and the name of the trustees of the said organization i.e., Dahyabhai Hirabhai and Chimanbhai Dadubhai Amin by way of Revenue Entry No. 501 dated 01.03.1978.

3.1. Thereafter, the trustees of Krupali Krushi Pashu Sanshodhan Kendra sold the subject land to one Solanki Desaibhai Devjibhai, by way of revenue entry no. 575 dated 14.03.1984. Thereafter, the subject land was bequested to Himmatbhai Desaibhai Solanki through inheritance and on his death on 18.10.2008, the names of his legal heirs, i.e., Kantaben Himmatbhai Desai, Dahyabhai Himmatbhai Desai and Punambhai Himmatbhai Solanki was mutated in the revenue record by way of revenue entry no. 1071 dated 04.08.2012. Subsequently, the present petitioner purchased the subject land from Patel Chiragkumar Sharadbhai by way of registered sale deed dated 12.02.2021 and the effect of the same was mutated in the Revenue Record by way of Revenue Entry No.1363 dated 27.04.2021.

3.2. Thereafter, the petitioner herein filed application through online E-Portal i.e. Application No. 21902202100807 on 24.02.2021 before the respondent no. 2 for obtaining certificate under Section 63AA of the Tenancy Act for use of the subject land for Industrial purposes. Upon filing of the above-mentioned application, the respondent no. 2 issued a show-cause-notice to the petitioner on 05.05.2021 asking the petitioner herein to cl