High Court of Gujarat

M/S. SWASTIK DEVELOPERSversusTHE STATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is deemed infructuous and is disposed of without consideration of its merits.

Summary

M/s Swastik Developers filed a Special Civil Application and a Direction Application against the State of Gujarat and others, seeking relief. The petitioner’s counsel argued that the matter had become infructuous because the respondent authority had already granted the requested permission. The Court examined the claim of infructuity and, without delving into the merits, held that the petition no longer required adjudication. Consequently, the petition was disposed of as infructuous and the notice was discharged. Any pending civil applications related to the matter were also ordered to stand disposed.

Issues considered

Whether the petition has become infructuous due to the respondent's prior grant of permission
Whether the Court should entertain the petition or dismiss it on the ground of infructuity

Subjects

civil procedurespecial civil applicationinfructuous petitionpetition dismissaljurisdiction

Judgment

          C/SCA/7014/2025                                                               ORDER DATED: 04/05/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 7014 of 2025
                               With
         CIVIL APPLICATION (DIRECTION) NO. 1 of 2025
                                In
        R/SPECIAL CIVIL APPLICATION NO. 7014 of 2025
 ==========================================
                    M/S. SWASTIK DEVELOPERS
                              Versus
                  THE STATE OF GUJARAT & ORS.
 ==========================================
 Appearance:
 MR VICKY B MEHTA(5422) for the Petitioner(s) No. 1
 MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2,3,4,5
 ==========================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 04/05/2026

                                                    ORAL ORDER

            Learned counsel for the petitioner has submitted that the issue
 involved in the present petition does not survive as the respondent –
 authority has already considered the request of the petitioner and
 granted necessary permission in favour of the petitioner and,
 therefore, the petition has become infructuous.

            In view of the aforesaid submissions,                                         the present petition
 stands disposed of as having become infructuous. Notice is
 discharged. It is made clear that this Court has not gone into merits of
 the matter.

            Pending civil application/s shall stand disposed of accordingly.



                                                                      (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 04/05/2026 17:36:00
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