HEIRS AND LEGAL REPRESENTATIVES OF DECD. SHRI GOVINDBHAI MADHABHAI KAPURIYAversusTHE STATE OF GUJARAT

    C/SCA/5008/2026                              ORDER DATED: 09/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 5008 of 2026

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 HEIRS AND LEGAL REPRESENTATIVES OF DECD. SHRI GOVINDBHAI
                 MADHABHAI KAPURIYA & ORS.
                           Versus
                THE STATE OF GUJARAT & ORS.
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Appearance:
MR CHIRAG H PAREKH(5249) for the Petitioner(s) No. 1,2,3,4
MR ADITYA DAVDA AGP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 09/04/2026

                            ORAL ORDER

1. Present petition is filed by the petitioners under
Articles 14, 21 and 226 of the Constitution of India r/w
the provision of the Gujarat Industrial Development Act,
1962 and the Rules Framed therein, with following relief:-

      "23 A. Your Lordships may be pleased to issue the writ of
      mandamus, or any other appropriate Writ, order or
      direction, directing the respondent Nos. 1 to 6 to take
      appropriate action and thereby to decide the petitioners'
      pending representation dated 17.11.2025 (produced vide
      Annexure-L) in time bound manner;

      B. Your Lordships may be pleased to issue the writ of
      mandamus, or any other appropriate Writ, direction
      and/or order, directing the respondent Nos. 2 to 6 to
      initiate the proceedings in breach of condition or such
      other proceedings against the respondent No. 7
      regarding the subject plot No. 67 situated at Gaviyar
      Industrial Estate, for its forfeiture/resumption of land for
      committing breach of the conditions of the lease deed


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    C/SCA/5008/2026                                     ORDER DATED: 09/04/2026




     norms of the GIDC and thereby to allot it to the
     petitioners original land owners on appropriate terms
     and conditions, as that may be deemed just and proper,
     in the interest of justice.

     C. Your Lordships may be pleased to issue the writ of
     mandamus, or any other appropriate Writ, order and
     direction to hold and declare that in facts of the present
     case, the respondent No. 7 - M/s. Moonshine Films Pvt.
     Ltd. has breached the terms and conditions of the
     agreement, Lease Deed with regard to the Plot No. 67
     situated at Gaviyar Industrial Estate of the Gujarat
     Industrial Development Corporation.

     D. Pending admission, hearing and final disposal of the
     present Writ Petition, your Lordships may be pleased to
     direct the site inspection of the subject Plot No. 67
     situated at Gaviyar Industrial Estate of the Gujarat
     Industrial Development Corporation in presence of all
     the parties.

     E. Pending admission, hearing and final disposal of the
     present Writ Petition, Your Lordships may be pleased to
     direct the respondent Nos. 1 to 6 to hear the petitioners
     and decide the pending representation dated 17.11.2025
     (Annexure-L) and thereby, direct the respondents Nos. 1
     to 6 to produce the final order, before the Hon'ble Court.

     F Any other relief deemed just and proper may please be
     granted in the interest of justice."

2. Heard Mr. Chirag H. Parekh, learned counsel for the
petitioners       and    Mr.        Davda,         learned   AGP        for       the
respondent. Normally, Mr. Chinmay Gandhi, learned
counsel       appears         for    the      respondent         Corporation.
Therefore, upon the request made by this Court, he is
appearing        for    the    respondent           Corporation,        and       an
advance copy has been served upon him by the learned
counsel for the petitioner

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        C/SCA/5008/2026                                                               ORDER DATED: 09/04/2026




3.        Mr. Parekh, learned counsel for the petitioner
submits that the representation at page 95 made by the
petitioner is pending before the respondent Corporation.
Mr. Parekh, learned counsel for the petitioner therefore,
requests the Court to direct the respondent corporation
to decide the said representation within some stipulated
time.

4.        On         the        other            hand,            learned              counsel              for        the
respondent Corporation submits that the representation
made by the petitioner at page 95 shall be decided by the
respondent corporation within reasonable time.

5.        In view of the above submission, the respondent
corporation                    is        hereby                directed                to         decide               the
representation made by the petitioner, at page 95 of the
petition, which is pending before the corporation. The
same shall be decided within period of three months from
the date of receipt of copy of present order.

6.        With the above directions, present petition stands
disposed of. Direct service is permitted.



                                                                        (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 10/04/2026 18:33:15




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