High Court of Gujarat

NEPTUNE REALTY PVT LTDversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that the impugned notices and consequent orders were illegal and without jurisdiction and therefore quashed them.

Summary

Neptune Realty Pvt Ltd filed a special civil application under Articles 226 and 227 of the Constitution, challenging notices and consequent orders issued by two respondent authorities as illegal and beyond their jurisdiction under the Gujarat Stamp Act, 1958. The petitioner sought mandamus, certiorari and a stay of the notices pending the hearing. The respondents' learned AGP produced a communication stating that the impugned order had been passed inadvertently and was already complied with in 2015. The High Court, after considering the communication, held that the notices and orders were indeed without jurisdiction and quashed them. The petition was allowed and the rule was made absolute, with no order as to costs.

Issues considered

Whether the notices dated 14‑09‑2018 and 16‑06‑2025 and the consequent orders were illegal and beyond the jurisdiction of the respondent authorities.
Whether the High Court can issue writs of mandamus or certiorari to quash such notices and orders under Articles 226 and 227 of the Constitution.
Whether a stay of the operation of the notices is warranted pending the final hearing.
Whether the respondents' claim that the order was inadvertent and complied with in 2015 defeats the petition.

Legislation cited

Gujarat Stamp Act, 1958

Subjects

Constitutional remedyWrit of mandamusWrit of certiorariJurisdictionGujarat Stamp ActAdministrative orderQuashingStay of execution

Judgment

    C/SCA/4220/2026                            ORDER DATED: 30/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 4220 of 2026

==========================================================
                      NEPTUNE REALTY PVT LTD
                               Versus
                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
RUSHABH H SHAH(7594) for the Petitioner(s) No. 1
MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 30/04/2026

                            ORAL ORDER


1. Rule returnable forthwith. Ms. Dixa Pandya, learned
AGP waives service of notice of rule for and on behalf of
respondents.

2. Present petition is filed by the petitioner under Articles
226 and 227 of the Constitution of India r/w the provision
of Gujarat Stamp Act, 1958 seeking below mentioned
relief/s:-

      “10. A. Your Lordships may be pleased to issue a writ of
      mandamus or a writ in the nature of mandamus or any
      other writ, order or direction and thereby be pleased to
      direct the action of the Respondent no. 2 in issuing the
      so-called notices dated 14.09.2018 (Annexure - G) and
      16.06.2025 (Annexure I) and any other notices issued by
      the Respondent no. 2 thereof and consequential order
      dated 02.07.2025 (Annexure J) and notice dated
      16.07.2025 (Annexure K) issued by Respondent No.3 as


                               Page 1 of 3
   C/SCA/4220/2026                              ORDER DATED: 30/04/2026




    ex facie illegal and without jurisdiction;

    B. This Hon'ble Court be pleased to issue a writ of
    certiorari, or any other writ in the nature of certiorari,
    order or direction quashing and setting aside the so-
    called notices 14.09.2018 (Annexure G) and 16.06.2025
    (Annexure I) and any other notices issued by the
    Respondent no. 2 thereof and consequential order dated
    02.07.2025 (Annexure J) passed by the Respondent No.2
    and further be pleased to quash and set aside notice cum
    order dated 16.07.2025 (Annexure K) issued by
    Respondent No.3,

    C. Pending admission and final hearing of this petition,
    this Hon'ble Court may be pleased to stay further
    operation, implementation and execution of the so-called
    notices 14.09.2018 (Annexure G) and 16.06.2025
    (Annexure I) and any other notices issued by the
    Respondent no. 2 thereof and consequential order dated
    02.07.2025 (Annexure J) passed by the Respondent No.2
    and notice cum order dated 16.07.2025 (Annexure K)
    issued by Respondent No.3;

    D. For such further and other reliefs as this Hon'ble
    Court deems fit and proper in the facts and
    circumstances of the case be granted.”

3. This Court issued notice on 27.03.2026. Pursuant
thereto, today Ms. Dixa Pandya, learned AGP, appears for
the respondents and places on record a communication
dated     30.04.2026    received         from     the       concerned
respondent authority wherein it is stated that the
impugned order came to be passed inadvertently and that
the same had already been complied with way back in the
year 2015.

4. The communication placed by Ms. Dixa Pandya,
learned AGP is taken on record.

                           Page 2 of 3
         C/SCA/4220/2026                                                               ORDER DATED: 30/04/2026




5. In view of the above communication, the petition is
required to be allowed and is hereby allowed. The
impugned orders along with all the consequential actions
of the respondents are hereby quashed and set aside.
Rule is made absolute to the aforesaid extent. No order as
to cost.

                                                                          (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 01/05/2026 17:55:20




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