High Court of Gujarat

KAMLESHBHAI GOVINDBHAI PATELversusSTATE OF GUJARAT

Decided: 28 July 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRZAR S DESAI

Holding

The petition is dismissed as infructuous, allowing the compensation dispute to be decided separately.

Summary

The petitioners challenged the adequacy of compensation offered for a transmission line that had already been installed and made functional. They argued that the compensation was insufficient and sought relief from the High Court. The court observed that since the transmission line was already operational and a partial compensation had been offered, the petition had become infructuous. Consequently, the court disposed of the petition as infructuous, clarifying that the compensation dispute could be decided independently of this petition. No merits of the compensation claim were adjudicated in this order.

Issues considered

What is the appropriate disposition of a petition when the subject matter has been completed and the relief sought is no longer maintainable?

Subjects

compensation
transmission line
infructuous petition
special civil application
Gujarat High Court

Judgment

        C/SCA/7103/2025                                                             ORDER DATED: 28/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO.7103 of 2025

=========================================
                          KAMLESHBHAI GOVINDBHAI PATEL & ORS.
                                         Versus
                                STATE OF GUJARAT & ANR.
=========================================
Appearance :
MR RIDDHESH TRIVEDI for the Petitioners.
MR ANGESH A. PANCHAL, AGP for the Respondent No.1
MR SALIL M THAKORE for the Respondent No.2
=========================================
 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                             Date : 28/07/2026
                                                  ORDER


                     Learned advocate appearing for the petitioner, under
instructions, states that the transmission line is already installed
and made functional and part compensation is offered to the
present petitioner which the petitioner found to be inadequate and,
therefore, the petitioner has challenged the same before the
Competent Authority / Court. Hence, at this stage, as this petition
has become infructuous, this petition may be disposed of as having
become infructuous.


                     Accordingly, the petition is disposed of as having
become infructuous. It is clarified that as the petitioner’s dispute
related to inadequacy of compensation is pending, the same may be
decided independently without being influenced by the outcome of
the present petition on its own merits on the basis of the records
that may be produced by the petitioner.


                                                                                  (NIRZAR S. DESAI,J)
SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/07/2026 17:30:32



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