LATE GUNVANTBHAI DALSHUKHBHAI SHAH THROUGH ITS LEGAL HEIR PRANAV GUNVANTBHAI SHAHversusGUJARAT INDUSTRIAL DEVELOPMENT CORPORATION

     C/SCA/13707/2021                             JUDGMENT DATED: 16/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 13707 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==========================================
        Approved for Reporting            Yes        No
                                                     No
==========================================
LATE GUNVANTBHAI DALSHUKHBHAI SHAH THROUGH ITS LEGAL HEIR
                  PRANAV GUNVANTBHAI SHAH
                              Versus
    GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION & ANR.
==========================================
Appearance:
MR DHARMESH V SHAH(1050) for the Petitioner(s) No. 1
MS DRASHTI D SHAH(11443) for the Petitioner(s) No. 1
MS SHRUTI S PATHAK(5619) for the Respondent(s) No. 1,2
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 16/03/2026

                                JUDGMENT


1.       RULE. Ms.Pathak, learned counsel waives service of notice of
rule on behalf of the respondents.


2.       With the consent of learned counsel appearing for the
respective parties, the present petition is taken up for final hearing.


3.       Present petition is filed by the petitioner under Article 226 of
the Constitution of India seeking following reliefs:-


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     C/SCA/13707/2021                              JUDGMENT DATED: 16/03/2026




          (A) Yours Lordships may be pleased to admit and allow this
              petition.

          (B) Your Lordships may be pleased to issue Writ of Mandamus
              or any other writ in nature of Mandamus to set aside the
              decision taken by authority to terminate the lease
              agreement dated 10.05.2021 and consequential order /
              communication dated 19.07.2021 and 17.08.2021 to take
              the possession of the property and to restore the
              possession in the interest of justice.

          (C) Your Lordships may be pleased to direct the authority to
              place any decision taken by them on the application of
              petitioner dated 11.09.2017 in the interest of justice.

          (D) Pending admission hearing and final disposal of present
              petition, Your Lordship may be pleased to restrain the
              respondent authority to create third party right in the plot
              in question.

          (E) Pass such any other reliefs in the interest of justice.


4.       Heard Mr.Dharmesh Shah, learned counsel for the petitioner
and Ms.Shruti Pathak, learned counsel for the respondents. Perused
the material placed on record.


5.       Mr.Shah, learned counsel for the petitioner has submitted the
same facts which are narrated in the memo of petition and has
submitted that the original allottee i.e. father of the petitioner expired
since long and his application for transferring the ownership in the
name of the petitioner was pending and in the meantime, the
respondents have passed an order. He submits that the petition
deserves to be allowed and the impugned orders deserve to be
quashed and set aside.




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      C/SCA/13707/2021                                                                JUDGMENT DATED: 16/03/2026




6.         Ms.Pathak, learned counsel for the respondents has opposed
the petition and submitted that the Court may pass appropriate
orders.


7.         Having considered facts of the present case and the
submissions of learned counsel for the parties, this Court is of the
opinion that the petition deserves to be allowed and the impugned
orders deserve to be quashed and set aside.


8.         In view of the above, the petition is allowed. The impugned
orders passed by the respondents are hereby quashed and set aside.
The petitioner to make fresh application before the respondents
pointing out the fact that the original allottee, against whom the order
was passed, was expired within a period of two weeks from the date
of receipt of the copy of the writ of the order. The respondents shall
decide the application in accordance with law after hearing the
petitioner and considering the documentary evidence that may be
produced along with the application as early as possible preferably
within a period of four weeks from the date of receipt of the
application filed by the petitioner. The petitioner shall also file
application online and all necessary documentary evidence shall also
be uploaded. Rule made absolute to the aforesaid extent.

                                                                     (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/03/2026 16:17:54




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