MITESH BHARATBHAI MEVADAversusTHE STATE OF GUJARAT

   C/SCA/7081/2026                              JUDGMENT DATED: 08/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7081 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

==========================================================

          Approved for Reporting               Yes          No
                                                            No
==========================================================
                      MITESH BHARATBHAI MEVADA
                                Versus
                     THE STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. NISHIT P GANDHI(6946) for the Petitioner(s) No. 1
RAHULKUMAR D PATEL(9020) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA AGP for the Respondent(s) No. 1,2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 08/05/2026

                           ORAL JUDGMENT


1. Present application is filed by the petitioner under
Articles 14, 21 and 226 of the Constitution of India and
under the provision of Gujarat Prohibition of Transfer of
Immovable Property and Provision for Protection of
Tenants from Eviction from Premises in Disturbed Areas
Act, 1991 (herein after referred to as the “Act”) seeking
below mentioned relief/s:-

      “19. A. YOUR LORDSHIPS may be pleased to issue a writ of
      mandamus or writ in the nature of mandamus directing the


                               Page 1 of 3
     C/SCA/7081/2026                           JUDGMENT DATED: 08/05/2026




        respondent Deputy Collector to decide and pass final order
        with regards to the application dated 24.09.2025 of the
        petitioner (at Annexure-C hereto) as expeditiously as
        possible, preferably within a period of 2 weeks and thereby
        grant necessary permission under Section 5(3)(a) of the
        Gujarat Prohibition of Transfer of Immovable Property and
        Provision for Protection of Tenants from Eviction from
        Premises in Disturbed Area Act, 1991;

        B. During the pendency and final disposal of the present
        petition, YOUR LORDSHIPS may be pleased to direct the
        respondent Deputy Collector to decide the application dated
        24.09.2025 of the petitioner (at Annexure-C hereto) filed
        under Section 5(3)(a) of the Gujarat Prohibition of Transfer of
        Immovable Property and Provision for Protection of Tenants
        from Eviction from Premises in Disturbed Area Act, 1991 as
        expeditiously as possible, preferably within a period of 2
        weeks;

        C. Pass any such other and/or further orders that may be
        thought just and proper, in the facts and circumstances of the
        present case.”


2. Heard learned counsel appearing for the respective
parties.


3.      Learned counsel for the petitioner submits that the
application dated 24.09.2025 of the petitioner filed under
Section 5(3)(a) of the Act is pending before respondent
No.2. He urges before the Court to direct the respondent
No.2 to decide the said application filed by the petitioner
within reasonable time period.

4. On the other hand, Mr. Sharma learned AGP for the
respondents submits that if the aforesaid application is
pending before respondent No.2, then the same shall be
decided, within time period fixed by this Court.



                                Page 2 of 3
      C/SCA/7081/2026                                                               JUDGMENT DATED: 08/05/2026




5. I have perused the record of the petition. It appears
from the record that the application dated 24.09.2025, of
the petitioner filed under Section 5(3)(a) of the Act, has
not been decided till date and has been pending before
the respondent No.2 for a considerable period, though
the outer limit prescribed is 60 days.


6.        In view of the above, the respondent No.2 is hereby
directed to decide the application dated 24.09.2025 of the
petitioner               filed          under            Section              5(3)(a)            of       the         Act,
preferably within period of two months from the date of
receipt of copy of present order, in accordance with law.


                                                                                             Sd/-
                                                                         (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 08/05/2026 18:08:51




                                                        Page 3 of 3