High Court of Gujarat

NARENDRABHAI PARSHOTTAMBHAI PRAJAPATIversusSTATE OF GUJARAT

Disposal: 26-DISMISSED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is not maintainable and is dismissed.

Summary

The petitioner, Narendrabhai Parshottambhai Prajapati, filed a Special Civil Application under Articles 14 and 226 of the Constitution, invoking the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, seeking a declaration of a disturbed area, a stay on the transfer of immovable property, and a writ of mandamus directing various respondents to act. The petition was filed in a representative capacity, essentially as a public‑interest litigation. The Court held that a fresh writ petition in the nature of a PIL is required for such representative actions and that the present petition was therefore not maintainable. Consequently, the Court dismissed the petition and discharged the notice, while leaving open the possibility of filing a proper PIL. No substantive merits of the relief sought were examined.

Issues considered

Whether the petition filed under Articles 14 and 226 is maintainable when presented in a representative capacity.
Whether a separate public‑interest litigation is required for the relief sought.
Whether the Court can grant the writ of mandamus, stay and declaration sought in the present petition.

Legislation cited

Constitution of Indias. Article 14, s. Article 226

Subjects

Public Interest LitigationArticle 226Article 14Writ of MandamusDisturbed AreaTransfer of Immovable PropertyMaintainabilityRepresentative Capacity

Judgment

    C/SCA/2392/2022                             ORDER DATED: 24/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 2392 of 2022

==========================================================
             NARENDRABHAI PARSHOTTAMBHAI PRAJAPATI
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ANKIT N MEHTA(7302) for the Petitioner(s) No. 1
MR. HARDIK B KORADIYA(9955) for the Petitioner(s) No. 1
MS NIRALI SARDA AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4,5
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 24/03/2026

                                ORDER

      The petitioner has preferred present petition under
Articles 14 and 226 of the Constitution of India r/w the
provision under the Gujarat Prohibition of Transfer of
Immovable Property and Provision for Protection of
Tenants from Eviction from Premises in Disturbed Areas
Act, 1991, seeking below mentioned relief/s:-

      "9(A) Your Lordship may be pleased to Admit and Allow
      this petition;

      (B) Your Lordship may be pleased to issue a writ of
      mandamus or a writ in the nature of mandamus or any
      other appropriate writ, order or direction directing the
      respondents to take immediate e!ective steps by
      respondent No. 1 to 4 for declaration of disturb area and
      to respondent No.5 to stop the transfer to the immovable
      property in this area and to direct the respondents
      authorities to protect the right and interest of the


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       C/SCA/2392/2022                                                               ORDER DATED: 24/03/2026




         petitioner in the interest of justice.

         (C) Pending admission, hearing and +nal disposal of this
         petition, Your Lordship be pleased to grant stay in the
         transfer of immovable property which is going on by the
         respondent No.5 in the interest of justice;

         (D) Your Lordship be pleased to pass such other and
         further orders as may be deemed +t, just and proper in
         the peculiar facts and circumstances of the present
         case."

         The prayer made in the present petition indicates
that the petitioner is agitating the issues and grievances
in a representative capacity. Therefore, a fresh Writ
Petition in the nature of Public Interest Litigation is
required to be .led by the petitioner, in accordance with
law.
         In view of the above, the present petition is not
maintainable and is accordingly dismissed. Notice stands
discharged. However, it is open for the petitioner to .le a
fresh Writ Petition in the nature of Public Interest
Litigation before the concerned Court.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:27:25




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