NARENDRABHAI PARSHOTTAMBHAI PRAJAPATI v. STATE OF GUJARAT
SCA/2392/2022 · 2026-03-24
Hemant M Prachchhak
body2022
DailyLaw.ai
[ 2022 DAILYLAW 1871 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 1871 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/2392/2022 ORDER DATED: 24/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2392 of 2022 ========================================================== NARENDRABHAI PARSHOTTAMBHAI PRAJAPATI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: ANKIT N MEHTA(7302) for the Petitioner(s) No. 1 MR. HARDIK B KORADIYA(9955) for the Petitioner(s) No. 1 MS NIRALI SARDA AGP for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3,4,5 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 24/03/2026
ORDER The petitioner has preferred present petition under Articles 14 and 226 of the Constitution of India r/w the provision under the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, seeking below mentioned relief/s:-
"9(A) Your Lordship may be pleased to Admit and Allow this petition; (B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to take immediate e!ective steps by respondent No. 1 to 4 for declaration of disturb area and to respondent No.5 to stop the transfer to the immovable property in this area and to direct the respondents authorities to protect the right and interest of the
C/SCA/2392/2022 ORDER DATED: 24/03/2026 petitioner in the interest of justice. (C) Pending admission, hearing and +nal disposal of this petition, Your Lordship be pleased to grant stay in the transfer of immovable property which is going on by the respondent No.5 in the interest of justice; (D) Your Lordship be pleased to pass such other and further orders as may be deemed +t, just and proper in the peculiar facts and circumstances of the present case." The prayer made in the present petition indicates that the petitioner is agitating the issues and grievances in a representative capacity. Therefore, a fresh Writ Petition in the nature of Public Interest Litigation is required to be .led by the petitioner, in accordance with law. In view of the above, the present petition is not maintainable and is accordingly dismissed. Notice stands discharged. However, it is open for the petitioner to .le a fresh Writ Petition in the nature of Public Interest Litigation before the concerned Court.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:27:25