IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8742 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 MR DHAVAL TRIVEDI, 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. Dhaval Trivedi, 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 28.12.2021 by respondent no.2 in Application No.21902202101276.

(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.74, 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 28.12.2021 by respondent no.2 in Application No.21902202101276 (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.74, Village: Fazalpur (Ankhi), Taluka- Vadodara, Vadodara (hereinafter referred to as "the subject land") for industrial purposes under the provisions of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The subject land was originally running in the name of Prakashchandra Ushakant Vaishnav, Udaybhai Ushakant Vaishnav, Pragyaben Ushakant Vaishnav. The petitioner herein purchased the subject land from the above mentioned persons by way of registered sale deed dated 24.12.2020 and the effect of the same was reflected in the revenue records by way of Revenue Entry No.1347 on 10.03.2021.

3.1. Subsequently on account of Covid-19 situation prevailing in the Country, the petitioner could not inform the Collector in terms of Section 63AA of the Act. The petitioner herein filed an application through online E-Portal i.e. Application No. 21902202101276 on 10.03.2021 before the respondent no. 2 authority for obtaining certificate under Section 63AA of the Tenancy Act for use of the subject land for Industrial purposes. Upon filing the said application, the respondent no. 2 issued a show cause notice to the petitioner on 15.07.2021 asking the petitioner herein to clarify the aspects that the name of Haribhai Lalubhai came to be mutated in the Revenue Records by way of Revenue Entry No. 152 and that based on inheritance the name of legal heirs of Haribhai Lalubhai was mutated in the Revenue Records as tenant of the subject land and therefore question of Tenancy arose in the subject land. Upon the receipt of the said show-cause-notice, the petitioner herein submitted its reply to the notice asking respondent no. 2 to hear the present petitioner before passing any order on the application.

3.2. Thereafter, the respondent no. 2 passed t