Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4220 of 2026 ========================================================== NEPTUNE REALTY PVT LTD Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: RUSHABH H SHAH(7594) for the Petitioner(s) No. 1 MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/04/2026
ORAL ORDER
1. Rule returnable forthwith. Ms. Dixa Pandya, learned AGP waives service of notice of rule for and on behalf of respondents.
2. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India r/w the provision of Gujarat Stamp Act, 1958 seeking below mentioned relief/s:-
“10. A. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction and thereby be pleased to direct the action of the Respondent no. 2 in issuing the so-called notices dated 14.09.2018 (Annexure - G) and 16.06.2025 (Annexure I) and any other notices issued by the Respondent no. 2 thereof and consequential order dated 02.07.2025 (Annexure J) and notice dated 16.07.2025 (Annexure K) issued by Respondent No.3 as p. 2 ex facie illegal and without jurisdiction; B. This Hon'ble Court be pleased to issue a writ of certiorari, or any other writ in the nature of certiorari,
order or direction quashing and setting aside the so- called notices 14.09.2018 (Annexure G) and 16.06.2025 (Annexure I) and any other notices issued by the Respondent no. 2 thereof and consequential order dated 02.07.2025 (Annexure J) passed by the Respondent No.2 and further be pleased to quash and set aside notice cum
order dated 16.07.2025 (Annexure K) issued by Respondent No.3, C. Pending admission and final hearing of this petition, this Hon'ble Court may be pleased to stay further operation, implementation and execution of the so-called notices 14.09.2018 (Annexure G) and 16.06.2025 (Annexure I) and any other notices issued by the Respondent no. 2 thereof and consequential order dated 02.07.2025 (Annexure J) passed by the Respondent No.2 and notice cum order dated 16.07.2025 (Annexure K) issued by Respondent No.3; D. For such further and other reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case be granted.”
3. This Court issued notice on 27.03.2026. Pursuant thereto, today Ms. Dixa Pandya, learned AGP, appears for the respondents and places on record a communication dated 30.04.2026 received from the concerned respondent authority wherein it is stated that the impugned order came to be passed inadvertently and that the same had already been complied with way back in the year 2015.
4. The communication placed by Ms. Dixa Pandya, learned AGP is taken on record. p. 3
5. In view of the above communication, the petition is required to be allowed and is hereby allowed. The impugned orders along with all the consequential actions of the respondents are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No order as to cost.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI