IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 142 of 2019 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No √

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JAGRUTIBEN BABUBHAI PATEL THROUGH POA BHAVESH BABUBHAI PATEL Versus STATE OF GUJARAT & ORS.

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Appearance:

MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 11/03/2026

ORAL JUDGMENT

1. Heard Mr. Tejas P. Satta, the learned advocate appearing for the Petitioner and Mr. Jayneel Parikh, the learned AGP appearing for the respondent – State authorities – Respondents No.1 to 3.

2. By way of present petition, the petitioner herein is constrained to invoke Article 226 of the Constitution of India, being aggrieved and dissatisfied by the impugned order passed by the learned Special Secretary, Revenue Department (for short ‘SSRD’) in Revision Application being MVV/JMN/MNS/11 of 2017 as well as the order dated 20.05.2017 passed by the learned District Collector in VP/Jamin/Vashi/918 to 927/2017 whereby the respondent No.3 herein imposed certain conditions on the land in question of the petitioner, without considering the fact that the petitioner herein is an auction purchaser and there are no conditions imposed in the sale deed in favour of the petitioner.

2.1 It is the case of the petitioner that the impugned orders are without jurisdiction. The order passed by the learned Collector is in violation of the principles of natural justice as the petitioner was never put to notice, that such conditions are likely to be imposed on the land of the petitioner. The aforesaid has given rise to the filing of the petition for the following reliefs as prayed for in para 16, page 16 of the petition which reads thus:

“16(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside impugned order dated 30.08.2018 passed by the learned SSRD in revision application being MVV/JMN/MNS/11 of 2017 (at Annexure H hereto)

as well as the order dated 20.05.2017 passed by the learned District Collector in VP/Jamin/Vashi/918 to 927/2017 (at ANNEXURE-

G hereto);

(B) During the Pendency and Final Disposal of the present petition YOUR LORDSHIPS may be pleased to stay further operation, execution and implementation of the impugned order dated 30.08.2018 passed by the learned SSRD in revision application being MVV/JMN/MNS/11 of 2017 (at Annexure H hereto) as well as the order dated 20.05.2017 passed by the learned District Collector in VP/Jamin/Vashi/918 to 927/2017 (at ANNEXURE- G hereto);

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

3. Brief facts leading to the filing of the present petition reads thus:

3.1 The land admeasuring 5000 Sq. Yards was originally allotted to one Babubhai Patel, who formed a partnership firm and obtained a loan from Gujarat State Financial Corporation (for short ‘GSFC’). That there was a default in paying the loan and therefore the GSFC in exercise of powers under Section 29 of the Gujarat Financial Corporation Act took over the possession of the said land on 29.05.1993.

3.2 The GSFC, thereafter held public auction wherein the petitioner offered an amount of Rs.2,75,000/- being price of the property and the same was accepted by the GSFC in the auction proceedings. The respondent No.4 also informed the petitioner vide communication dated 29.05.1993 (Annexure – A). That the No Due Certificate was also issued in favour of the petitioner (Annexure-B). After accepting the price by the GSFC, the property was handed over to the petition