High Court of Gujarat

NIKITA NIRAV MASRANIversusD. H. BHALARA OR HER SUCCESSOR IN OFFICE,DEPUTY COLLECTOR AND SUB DIVISIONAL MAGISTRATE SAVARKUNDLA

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition was dismissed as infructuous, and no writ was issued to set aside the Deputy Collector’s order.

Summary

The petitioner, Nikita Nirav Masrani, filed a special civil application under Article 226 of the Constitution and the Gujarat Prohibition of Transfer of Immovable Property and Protection of Tenant from Eviction from Premises in Disturbed Areas Act, 1991, seeking to quash an order dated 08.08.2024 by the Deputy Collector that required the filing of an application for permission to transfer or sell her shop. She also requested a stay of that order and directions to grant the transfer permission. The petitioner’s counsel later informed the court that the required permission had been granted and the shop had been sold, rendering the relief sought moot. The court held that the petition had become infructuous and therefore disposed of it without addressing the merits of the writ. Consequently, the notice was discharged and no further relief was granted.

Issues considered

Whether the order of the Deputy Collector dated 08.08.2024 can be quashed under Article 226 of the Constitution.
Whether the petition remains maintainable when the relief sought has already been obtained, rendering it infructuous.
Whether a stay of execution of the Deputy Collector’s order is appropriate pending adjudication.

Legislation cited

Constitution of Indias. Article 226

Subjects

Article 226writ of certiorariDisturbed Areas Actproperty transferinfructuous petitionstay of execution

Judgment

      C/SCA/13169/2024                              ORDER DATED: 23/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 13169 of 2024

==========================================
                      NIKITA NIRAV MASRANI
                               Versus
 D. H. BHALARA OR HER SUCCESSOR IN OFFICE,DEPUTY COLLECTOR
      AND SUB DIVISIONAL MAGISTRATE SAVARKUNDLA & ANR.
==========================================
Appearance:
MR YN RAVANI(718) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 23/04/2026

                               ORAL ORDER


1.      Present petition is filed by the petitioner under Article 226 of
the Constitution of India and under the provisions of the Gujarat
Prohibition of Transfer of Immovable Property and provisions for
Protection of Tenant from Eviction from Premises in Disturbed Areas
Act, 1991 seeking the following reliefs:-


(A)      YOUR LORDSHIPS may be pleased to issue a writ of certiorari and/or
         writ in the nature of certiorari and/or any other appropriate writ,
         order or direction quashing and setting aside the order dated
         08.08.2024 passed by respondent No.1 – Deputy Collector deciding
         to ‘file’ the application of the petitioner seeking permission to
         transfer/sale of shop No.9 owned by the petitioner on a ground not
         germane to the Disturbed Areas Act, 1991 and be further to direct
         the respondent authority to grant permission to the petitioner to
         transfer and/or sell of the said property of the petitioner.

(B)      Pending admission, hearing and/or final disposal of this petition,


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         C/SCA/13169/2024                                                                ORDER DATED: 23/04/2026




              YOUR LORDSHIPS may be pleased to stay the further execution,
              implementation and operation of the order dated 08.08.2024
              passed by the respondent No.1 – Deputy Collector to ‘file’ the
              application of the petitioner and be further pleased to direct the
              authority to process the application.

 (C)          YOUR LORDSHIPS be pleased to grant such other and further reliefs,
              in favour of the petitioner, as deemed fit, in the interest of justice.


 2.         Learned counsel for the petitioner submits that the prayer with
 regard to permission to sell the property in consonance with the
 provisions of the Disturbed Areas Act is concerned, now the
 permission is granted and the petitioner has sold the property and,
 therefore, the petition has become infructuous.


 3.         In view of the above, the petition stands disposed of as having
 become infructuous. Notice is discharged.


                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2026 17:08:02




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