High Court of Gujarat

LALJIBHAI ISHWARBHAI PATELversusAHMEDABAD MUNICIPAL CORPORATION

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as infructuous because the disputed premises are already in the possession of the respondent under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1973.

Summary

Laljibhai Ishwarbhai Patel filed a special civil application against Ahmedabad Municipal Corporation alleging a grievance over certain premises. The petitioner’s counsel argued that the grievance no longer existed because the municipal corporation had already taken possession of the premises under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1973. The court noted that the petition had become infructuous and therefore disposed of it without addressing the merits. No further relief was granted, but the petitioner was advised that other legal remedies remain available. The order was signed by Justice Hemant M. Prachchak on 21 April 2026.

Issues considered

What is the appropriate disposition of a petition when the disputed premises have already been taken over by the respondent under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1973?

Subjects

Infructuous petitionPossessionEviction ActMunicipal corporationSpecial Civil ApplicationCivil Procedure

Judgment

        C/SCA/6145/2022                                                         ORDER DATED: 21/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/SPECIAL CIVIL APPLICATION NO. 6145 of 2022

================================================================
                            LALJIBHAI ISHWARBHAI PATEL
                                        Versus
                         AHMEDABAD MUNICIPAL CORPORATION
================================================================
Appearance:
MR VIVEK V BHAMARE(6710) for the Petitioner(s) No. 1
ROHAN N SHAH(8866) for the Respondent(s) No. 1
================================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                             Date : 21/04/2026

                                                    ORDER


          Learned counsel Mr. Vivek Bhamare, appearing on behalf of the
petitioner, has submitted that the grievance raised in the present
petition does not survive any longer, as the possession of the
disputed premises is already taken-over by the respondent –
Ahmedabad Municipal Corporation under the Gujarat Public Premises
(Eviction of Unauthorized Occupants) Act, 1973 and therefore, the
present petition has become infructuous.


          In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged.
          It is observed that this Court has not entered into the merits of
the matter.
          It is, however, open for the petitioner to take appropriate
recourse available under the law.

                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 18:04:21

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