High Court of Gujarat

BHANUBHAI LAXMANBHAI BHARWADversusSTATE OF GUJARAT

Decided: 13 August 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRZAR S DESAI

Holding

The petition is deemed infructuous and is disposed of accordingly.

Summary

The petitioners, Bhanubhai Laxmanbhai Bharwad & ors, filed a Special Civil Application against the State of Gujarat & ors challenging the adequacy of compensation offered for a transmission line that had already been installed and made functional. The petitioners alleged that the compensation was insufficient and sought relief from the Court. The Court observed that the dispute over compensation remains pending before the competent authority and therefore the present petition has become moot. Consequently, the Court held the petition to be infructuous and ordered its disposal. The Court clarified that the compensation dispute can be decided independently without being influenced by the outcome of this petition.

Issues considered

What is the appropriate disposition of a petition when the underlying dispute over compensation is pending before another authority?

Subjects

compensation
transmission line
infructuous petition
mootness
special civil application
civil procedure

Judgment

         C/SCA/7428/2025                                                              ORDER DATED: 13/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO.7428 of 2025
 =========================================
                          BHANUBHAI LAXMANBHAI BHARWAD & ORS.
                                         Versus
                                STATE OF GUJARAT & ORS.
 =========================================
 Appearance :
 MR DHRUV M PAREKH & MR MA PAREKH for the Petitioners.
 MR NIKUNJ KANARA, AGP for the Respondent No.2.
 MR SALIL M THAKORE for the Respondent No.3.
 =========================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                               Date : 13/08/2026
                                                    ORDER
                      Learned advocate appearing for the petitioner, under
 instructions, states that the transmission line is already installed
 and made functional and part compensation is o;ered 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 clari?ed that as the petitioner’s dispute
 related to inadequacy of compensation is pending, the same may be
 decided independently without being inAuenced 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 13/08/2026 18:09:20

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