High Court of Gujarat
AHMEDABAD DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITEDversusGOVERNMENT OF INDIA
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- NIRZAR S DESAI
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.
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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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