VIKRAMSINH NATHUBHA RANAversusKHUSHALBHAI GANDABHAI PATEL

     C/SCA/8869/2026                                     ORDER DATED: 02/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 8869 of 2026

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                       VIKRAMSINH NATHUBHA RANA
                                 Versus
                   KHUSHALBHAI GANDABHAI PATEL & ANR.
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Appearance:
MR NV SOLANKI(860) for the Petitioner(s) No. 1
Ld. G.P. G.H.VIRK ASSISTED BY DHARITRI PANCHOLI AND SHAUNAK
VYAS AGP for the Respondent(s) No. 2
MR DIPAN DESAI(2481) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                  Date : 02/07/2026

                                      ORDER


1.    Heard        learned       advocate     Mr.     N.V.   Solanki      for      the
petitioner, Learned G.P. G.H.Virk assisted by learned AGP
Dharitri Pancholi and Shaunak Vyas for the respondent No. 2 and
learned advocate Mr. Dipen Desai for respondent No.1.


2.    At     the       outset,   learned     advocate    Mr.     Solanki        seeks
permission from this Court to implead the Director, Agriculture
Marketing and Rural Finance as Respondent No.3. Permission
as prayed for is granted.


3.    By way of this petition, the petitioner has prayed for
following reliefs;


      a) to admit this petition.


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     C/SCA/8869/2026                         ORDER DATED: 02/07/2026




      b) Taking into due consideration the grounds of this
      petition, to issue a writ of mandamus and/or any other
      appropriate writ, and/or order under the constitution of
      India, inter alia quashing and setting aside the order of
      the Director, Agricultural Market and village economy
      Gandhinagar, State of Gujarat, passed on 25.6.2026 in
      Appeal No.54/2026 filed by the present respondent no.1,
      after declaring such order as illegal, ultra-vires, without
      jurisdiction, null and void ab-initio and having been
      passed in flagrant violation of the principles of natural
      justice and hence, unsustainable at law.

      c)    In view of the specific direction issued by the
      Director to the election officer to hold a fresh election of
      Chairman of the APMC, Lakhtar immediately, the
      execution and further implementation of the aforesaid
      impugned order of the Director dated 25.6.2026 in any
      manner whatsoever may kindly be stayed forthwith
      during the pendency and final disposal of this writ
      petition by this Hon'ble Court as and by way of ad-
      interim relief.

      d)    Any other order that may be deemed fit and proper
      in the facts and circumstances of the case, be passed;



4.    At the outset, an attention was drawn by learned GP Mr.
Virk as well as learned advocate Mr. Desai that the order
passed by the Director is an order which can be challenged by



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     C/SCA/8869/2026                       ORDER DATED: 02/07/2026




way of a revision application before the State Government
under Section 48 of the APMC Act.


5.    Learned advocate Mr. N.V. Solanki could not point out
anything contrary to that, though he insisted that the matter
be heard on merit. However, Section 48 of the APMC Act
reads as under:


      “Section 48. Powers of State Government to call for
      proceedings of market committee and to pass orders
      thereon”.
      “The State Government may at any time call for and
      examine the proceedings of the Director or of any market
      committee for the purpose of satisfying itself as to the
      legality or propriety of any decision or order passed by
      the Director or the market committee. In any case in
      which it appears to the State Government that any
      decision or order or proceedings so called for should be
      modified, annulled or reversed, the State Government
      may pass such order thereon as it thinks fit.”



6.    It was pointed out by learned counsels appearing for the
respondents that the language of Section 48 covers the powers
of examining the proceedings of the Director as well, and
therefore, the present order can be challenged by way of a
revision application before the State Government.


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        C/SCA/8869/2026                                                                  ORDER DATED: 02/07/2026




7.         In view of that, as the alternative remedy is available to
the petitioner, without entering into the merits of the matter,
the petition is disposed of with a direction to the petitioner to
avail the appropriate remedy available to the petitioner as per
the provisions of the Act.


8.         With the above direction, the petition is disposed of.




                                                                                              (NIRZAR S. DESAI,J)
BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 03/07/2026 15:09:03




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