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High Court of Gujarat

GHELABHAI GOVINDBHAI DHAPAversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition is deemed infructuous and is disposed of because the land has been allotted and possession handed over to the Gujarat Water Supply & Sewerage Board.

Summary

The petitioner, Ghelabhai Govindbhai Dhapa, challenged a 2015 order that rejected his revision application for a lease of one hectare of land in Jesar, Bhavnagar, for excavating black trap minerals. While the petition was pending, the petitioner filed a civil amendment application in 2024, after which the Collector allotted the same land to the Gujarat Water Supply & Sewerage Board for headwork. The Board received possession of the land on 20 September 2024, as evidenced by a possession receipt. The Court held that, because the land has already been allotted and possession transferred, the petition has become infructuous. Consequently, the petition and the related civil applications were disposed of without further orders.

Issues considered

  • Whether the petition remains maintainable after the subject land has been allotted to another authority and possession has been transferred?

Subjects

  • lease
  • mineral excavation
  • land allotment
  • infructuous petition
  • civil application
  • possession
  • Gujarat Water Supply & Sewerage Board

Judgment

     C/SCA/1487/2017                             ORDER DATED: 21/07/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO.1487 of 2017
                          With
   CIVIL APPLICATION (FOR AMENDMENT) NO.1 of 2024
     In R/SPECIAL CIVIL APPLICATION NO.1487 of 2017
                          With
       CIVIL APPLICATION (DIRECTION) NO.2 of 2024
     In R/SPECIAL CIVIL APPLICATION NO.1487 of 2017
=========================================
                       GHELABHAI GOVINDBHAI DHAPA
                                  Versus
                         STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR BM MANGUKIYA & MS BELA A PRAJAPATI for the Petitioner.
MR ANGESH A. PANCHAL, AGP for the Respondent Nos.1,2,3,4
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 21/07/2026
                                 ORDER


               It is brought to the notice of this Court by Mr. Angesh
A. Panchal, learned Assistant Government Pleader that the prayers
made in this petition have become infructuous for the reason that
at the time when the petition was preferred in the year 2017, the
petitioner has challenged order dated 19.8.2015 passed by the
Deputy Secretary (Appeals), Industries and Mines Department,
Government of Gujarat rejecting revision application preferred by
the petitioner whereby permission to grant lease to the petitioner
from Revenue Survey No.315/1/P situated at Jesar, District
Bhavnagar admeasuring 1 Hectare for excavating mineral Black
Trap for a period of 10 years was sought.


2.             During the pendency of this petition, Civil Application
No.1 of 2024 (for amendment) was preferred by the petitioner


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          C/SCA/1487/2017                                                             ORDER DATED: 21/07/2026




 whereby it is brought to the notice of the Court that vide order
 dated 17.9.2024, the Collector, Bhavnagar has                                                        allotted the
 aforesaid land for which the petition is preferred to Executive
 Engineer, Gujarat Water Supply & Sewerage Board, PH Works
 Division, Bhavnagar for headwork. The aforesaid civil application
 was not allowed and the same has remained pending till date.


 3.                    Today, Mr. Angesh A. Panchal, learned Assistant
 Government Pleader has placed on record a copy of possession
 receipt to indicate that the possession of the land in question has
 also been handed over to the Deputy Executive Engineer of the
 Gujarat Water Supply & Sewerage Board immediately thereafter on
 20.9.2024. A photocopy of the aforesaid possession receipt along
 with Panch Rojkam is taken on record.


 4.                    In view of the above, as the land for which the
 petitioner has preferred this petition has already been allotted to
 the Gujarat Water Supply & Sewerage Board and even the
 possession is handed over to the said Board, the present petition
 has become infructuous and hence, no further orders are required
 to be passed. Accordingly, the present petition stands disposed of
 as having become infructuous. Notice is discharged.


                       In view of disposal of main petition, connected civil
 applications also would not survive and the same also stand
 disposed of.

                                                                                    (NIRZAR S. DESAI,J)


 SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 17:20:38




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