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2026 DAILYLAW 300 (GUJ)

HEIRS AND LEGAL REPRESENTATIVES OF DECD. SHRI GOVINDBHAI MADHABHAI KAPURIYA v. THE STATE OF GUJARAT

SCA/5008/2026 · 2026-04-09

Hemant M Prachchhak

body2026

Judgment text

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C/SCA/5008/2026 ORDER DATED: 09/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5008 of 2026 ========================================================== HEIRS AND LEGAL REPRESENTATIVES OF DECD. SHRI GOVINDBHAI MADHABHAI KAPURIYA & ORS. Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance: MR CHIRAG H PAREKH(5249) for the Petitioner(s) No. 1,2,3,4 MR ADITYA DAVDA AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 09/04/2026 ORAL ORDER 1. Present petition is filed by the petitioners under Articles 14, 21 and 226 of the Constitution of India r/w the provision of the Gujarat Industrial Development Act, 1962 and the Rules Framed therein, with following relief:- "23 A. Your Lordships may be pleased to issue the writ of mandamus, or any other appropriate Writ, order or direction, directing the respondent Nos. 1 to 6 to take appropriate action and thereby to decide the petitioners' pending representation dated 17.11.2025 (produced vide Annexure-L) in time bound manner; B. Your Lordships may be pleased to issue the writ of mandamus, or any other appropriate Writ, direction and/or order, directing the respondent Nos. 2 to 6 to initiate the proceedings in breach of condition or such other proceedings against the respondent No. 7 regarding the subject plot No. 67 situated at Gaviyar Industrial Estate, for its forfeiture/resumption of land for committing breach of the conditions of the lease deed C/SCA/5008/2026 ORDER DATED: 09/04/2026 norms of the GIDC and thereby to allot it to the petitioners original land owners on appropriate terms and conditions, as that may be deemed just and proper, in the interest of justice. C. Your Lordships may be pleased to issue the writ of mandamus, or any other appropriate Writ, order and direction to hold and declare that in facts of the present case, the respondent No. 7 - M/s. Moonshine Films Pvt. Ltd. has breached the terms and conditions of the agreement, Lease Deed with regard to the Plot No. 67 situated at Gaviyar Industrial Estate of the Gujarat Industrial Development Corporation. D. Pending admission, hearing and final disposal of the present Writ Petition, your Lordships may be pleased to direct the site inspection of the subject Plot No. 67 situated at Gaviyar Industrial Estate of the Gujarat Industrial Development Corporation in presence of all the parties. E. Pending admission, hearing and final disposal of the present Writ Petition, Your Lordships may be pleased to direct the respondent Nos. 1 to 6 to hear the petitioners and decide the pending representation dated 17.11.2025 (Annexure-L) and thereby, direct the respondents Nos. 1 to 6 to produce the final order, before the Hon'ble Court. F Any other relief deemed just and proper may please be granted in the interest of justice." 2. Heard Mr. Chirag H. Parekh, learned counsel for the petitioners and Mr. Davda, learned AGP for the respondent. Normally, Mr. Chinmay Gandhi, learned counsel appears for the respondent Corporation. Therefore, upon the request made by this Court, he is appearing for the respondent Corporation, and an advance copy has been served upon him by the learned counsel for the petitioner C/SCA/5008/2026 ORDER DATED: 09/04/2026 3. Mr. Parekh, learned counsel for the petitioner submits that the representation at page 95 made by the petitioner is pending before the respondent Corporation. Mr. Parekh, learned counsel for the petitioner therefore, requests the Court to direct the respondent corporation to decide the said representation within some stipulated time. 4. On the other hand, learned counsel for the respondent Corporation submits that the representation made by the petitioner at page 95 shall be decided by the respondent corporation within reasonable time. 5. In view of the above submission, the respondent corporation is hereby directed to decide the representation made by the petitioner, at page 95 of the petition, which is pending before the corporation. The same shall be decided within period of three months from the date of receipt of copy of present order. 6. With the above directions, present petition stands disposed of. Direct service is permitted. (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 10/04/2026 18:33:15