High Court of Gujarat

TAMIR INFRASTRUCTUREversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is disposed as infructuous and the respondent authority must refund the sale consideration to the petitioner.

Summary

Tamir Infrastructure filed a special civil application against the State of Gujarat and others, seeking relief concerning a plot that had been put up for auction. The respondents informed the court that the auction had been cancelled, rendering the petition's grievance moot. The petitioner agreed that the petition was now infructuous and additionally requested the return of the sale consideration deposited with the authority. The court held that, given the cancellation, the petition was indeed infructuous and ordered the respondent authority to refund the deposited amount within three weeks. The notice was discharged and the petition was disposed.

Issues considered

Whether the cancellation of an auction renders a pending petition infructuous
Whether the sale consideration deposited for the auction should be refunded to the petitioner

Subjects

auction cancellationinfructuous petitionrefund of sale considerationspecial civil applicationGujarat High Court

Judgment

    C/SCA/4586/2026                           ORDER DATED: 24/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 4586 of 2026

==========================================================
                       TAMIR INFRASTRUCTURE
                                Versus
                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. AMMAR SAIYED(17184) for the Petitioner(s) No. 1
G H VIRK(7392) for the Respondent(s) No. 5
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4
MR SIMRANJITSINGH H VIRK (11607) WITH MR JAGRAT SHAH for the
Respondent(s) No. 5
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                          Date : 24/04/2026

                           ORAL ORDER


     Today, learned counsel for respondent No. 5, on
instructions, submitted that the auction of the subject
plot has been cancelled and, therefore, the grievance
raised in the present petition does not survive.


     Learned counsel for the petitioner submitted that,
since the auction itself has been cancelled, the petition
may be disposed of as having become infructuous. He
further submitted that the amount of sale consideration
deposited with the authority may be refunded to the
petitioner.




                              Page 1 of 2
       C/SCA/4586/2026                                                               ORDER DATED: 24/04/2026




         In view of the above, the present petition stands
disposed               of       as         having              become                infructuous.                    The
respondent authority is hereby directed to return the
amount of sale consideration to the petitioner within a
period of three weeks from the date of receipt of a copy of
this order. Notice is discharged.


                                                                        (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 24/04/2026 17:59:23




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