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High Court of Gujarat

AHMEDABAD DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITEDversusGOVERNMENT OF INDIA

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The petition is held to be infructuous and is disposed of, while the petitioner is permitted to seek any further appropriate relief in law.

Summary

The petitioners, Ahmedabad District Cooperative Milk Producers Union Ltd. and another, filed a special civil application against the Government of India and another, seeking relief concerning the erection of electricity poles on disputed land. Respondent No.2 argued that the petition had become infructuous because the poles had already been erected, rendering the relief sought moot. The petitioners did not dispute this factual development but requested that they be allowed to pursue any future remedies, such as challenging the alignment of the poles, before the appropriate authority. The Court accepted the petition as infructuous, granted the petitioners' permission to seek further remedies later, and disposed of the petition without costs. It clarified that all rights and contentions of both parties remain open for any subsequent grievance.

Issues considered

  • Whether the petition is infructuous due to the erection of electricity poles on the land in question
  • Whether the petitioner may pursue further remedies concerning the poles after the petition is deemed infructuous

Subjects

  • infructuous petition
  • electricity poles
  • relief
  • special civil application
  • high court order

Judgment

   C/SCA/2465/2026                                   ORDER DATED: 03/07/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                   2465 of 2026

=====================================================
 AHMEDABAD DISTRICT COOPERATIVE MILK PRODUCERS UNION
                    LIMITED & ANR.
                         Versus
              GOVERNMENT OF INDIA & ANR.
=====================================================
Appearance:
MR B S PATEL SENIOR ADVOCATE WITH MR CHIRAG B
PATEL(3679) for the Petitioner(s) No. 1,2
MOSON LE EXPARTS(11071) for the Respondent(s) No. 2
MR AKSHAT KHARE(5912) for the Respondent(s) No. 2
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 03/07/2026

                                 ORDER

  1. Learned advocate Mr. Akshat Khare, appearing for

    respondent No. 2, upon instructions, submitted

    that             the   present         petition          has       become

    infructuous,           as   the       electricity         poles        have

    already been erected on the land in question.

    Therefore, none of the prayers sought by the

    petitioner survives for consideration.



  2. Learned          Senior    Advocate       Mr.      B.      S.     Patel,




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 C/SCA/2465/2026                                            ORDER DATED: 03/07/2026




  appearing with learned advocate Mr. Umang Oza

  for learned advocate Mr. Chirag Patel, appearing

  for       the       petitioner,            did        not        dispute            the

  aforesaid statement. However, he submitted that,

  insofar as any further remedies available to the

  petitioner              are      concerned,             liberty          may         be

  reserved           in      favour        of         the      petitioner              to

  challenge           any        subsequent           action        or     to     seek

  appropriate relief, including a change in the

  alignment of the poles, by making an appropriate

  application before the competent authority or by

  availing          of    any      other         remedy      available          under

  law.



3. Permission,              as      prayed            for,        is       granted.

  Accordingly, the present petition is disposed of

  as having become infructuous.



4. It    is        clarified       that,         in    the       event       of       any

  further grievance, the petitioner shall be at

  liberty to avail of such appropriate remedy as

  may be available in law.



                                   Page 2 of 3
         C/SCA/2465/2026                                                          ORDER DATED: 03/07/2026




      5. It is further clarified that all the rights and

           contentions of both the parties are kept open.



      6. Notice is discharged. There shall be no order as

           to costs.

                                                                             (NIRZAR S. DESAI,J)



 Pallavi



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 03/07/2026 18:01:02




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