High Court of Gujarat

BHARAT PETROLEUM CORPORATION LTD.versusMINISTRY OF COMMERCE AND SAFETY

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as the surrender of the land extinguishes the cause of action.

Summary

Bharat Petroleum Corporation Ltd filed a special civil application alleging that the subject parcel of land was still under dispute. The petitioner argued that the land had been surrendered by the lessee to the lessor, rendering the relief sought moot. Respondents, Ministry of Commerce and Safety and others, contended that the surrender was effective and the petition no longer survived. The Court, after hearing counsel, held that the surrender of the land extinguished the cause of action and therefore the petition could not proceed. Consequently, the petition was disposed, the notice discharged, and any interim relief vacated, with no order as to costs. The related civil application for joining a party was also dismissed.

Issues considered

Whether the petition is maintainable when the subject land has been surrendered by the lessee to the lessor
Whether interim relief granted earlier should continue despite the surrender

Subjects

land surrenderlease disputepetition dismissedinterim relief vacatedcivil procedure

Judgment

           C/SCA/14663/2024                                                   ORDER DATED: 01/05/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 14663 of 2024
                                       With
               CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2025
                 In R/SPECIAL CIVIL APPLICATION NO. 14663 of 2024
    ==========================================================
                        BHARAT PETROLEUM CORPORATION LTD.
                                      Versus
                      MINISTRY OF COMMERCE AND SAFETY & ANR.
    ==========================================================
    Appearance:
    MR AJAY R MEHTA(453) for the Petitioner(s) No. 1
    MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1
    MR MK VAKHARIA(1483) for the Respondent(s) No. 2
    ==========================================================

       CORAM:HONOURABLE MR. JUSTICE HEMANT M.
             PRACHCHHAK

                                             Date : 01/05/2026

                                               ORAL ORDER


             Mr. Ajay Mehta, learned counsel for the petitioner submits
    that the subject parcel of land is already surrendered to the
    lessor by the lessee, and therefore, the issue involved in the
    petition does not survive.


             In view of the above, the petition stands disposed of. Notice
    is discharged. Interim relief, if any, stands vacated forthwith.
    There shall be no order as to costs.


             In view of the order passed in the main petition, the Civil
    Application is also disposed of.

                                                                  (HEMANT M. PRACHCHHAK,J)
    ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/05/2026 17:34:42




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