Gujarat High Court
Umarbhai Bachubhai Kabariya vs State Of Gujarat on 14 July, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
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R/SCR.A/9578/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CHALLENGING
VIRES/ULTRA VIRES) NO. 9578 of 2025
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UMARBHAI BACHUBHAI KABARIYA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1,2,3,4,5
MR VN BHAMARE(1122) for the Applicant(s) No. 1,2,3,4,5
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 14/07/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. This is wholly misconceived petition which seem to have
been filed on ill-advice of the learned advocate who is taking
aid of the decision of the Apex Court dated 26.05.2025
whereby writ petition filed under Article 32 of the
Constitution of India before the Apex Court by the petitioners
herein has been disposed of reserving liberty to the
petitioners to seek remedies in accordance with law. The
present petition has been filed with the prayers as under:-
"(a) To allow this application;
(b) To hold and declare that the provisions of the being the
Gujarat Land Grabbing (Prohibition) Act, 2020 along with
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R/SCR.A/9578/2025 ORDER DATED: 14/07/2025
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Gujarat Land Grabbing (Prohibition) Rules, 2020 as ultra
vires to the Constitution of India being in violation of Article
14, 20, 21 and Article 254 of the Constitution of India;
(c) To issue appropriate Writ, Order Direction quashing and
setting aside FIR being C.R No. 11198035240935 of 2024
registered with Mahuva Police Station, Bhavnagar alleging
offence U/s 4(3), 5(c) of the Gujarat Land Grabbing
(Prohibition) Act, 2020 and consequential actions pursuant
thereto;
(d) Pending admission, hearing and final disposal of this
application, to stay further proceeding and actions in
connection with FIR being C.R No. 11198035240935 of 2024
registered with Mahuva Police Station, Bhavnagar alleging
offence U/s 4(3), 5(c) of the Gujarat Land Grabbing
(Prohibition) Act, 2020."
2. We may note that this is the second round of writ
petition before this court seeking for quashing of the First
Information Report. In the first round in the quashing petition,
in Special Criminal Application (Quashing) No. 12521 of 2021
filed by the petitioners herein, following order has been
passed:-
"Learned advocate Mr. Vivek Bhamare for the
applicants seeks permission to withdraw this application
at this stage, with a view to avail other remedy available
in accordance with law, including the remedy under the
provisions of the Gujarat Rents, Hotel and Lodging
House Rates Control Act as directed by the Collector in
the impugned order.
Permission, as prayed for, is granted. Present
Application is disposed of as withdrawn, with above
liberty.
3. In so far as the prayers 'B' in the writ petition seeking
for declaration of the Gujarat Land Grabbing (Prohibition) Act,
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2020 read with the Gujarat Land Grabbing (Prohibition)
Rules, 2020 as ultra-vires to the Constitution of India, the
issue has been adjudicated by this court in the judgment and
order dated 09.05.2024, passed in a bunch of writ petition
being Special Civil Application No.2995 of 2021.
It is thus evident that none of the reliefs prayed in the
present petition are available to be agitated in the second
round of petition under the garb of the observation made by
the Apex Court in the order dated 26.05.2025. It is made clear
that once the validity of the statutory provision has been
adjudicated by this court, no subsequent petition seeking to
agitate the issue of validity of the same statutory provision
can be entertained.
As noted above, for the other reliefs of quashing of the
First Information Report, the petitioner has earlier
approached this court and vide order dated 19.11.2024,
extracted hereinbefore, he was permitted to withdraw the
petition with the liberty to avail the appropriate remedy. After
withdrawal of the Quashing Petition No. 12521 of 2021 vide
judgment and order dated 19.11.2024, it appears that by
concealment of all material facts, the petitioners have
approached the Apex Court in a petition under Article 32 of
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the Constitution of India registered as Writ Petition(s)
(Criminal) No(s). (200/2025).
The copy of the petition under Article 32 of the
Constitution of India is filed before the Apex Court is not
before us. Even otherwise, once the petitioners have
withdrawn the writ petition filed for quashing of the First
Information Report with the judgment and order dated
19.11.2024, same relief cannot be prayed by way of the
present writ petition filed under the garb of challenging the
validity of the statutory petition. From all angles, the present
petition is nothing but an abuse of the process of the Court.
The petition is accordingly dismissed, being misconceived
with the warning to the petitioner that any future attempt may
by him may entail exemplary cost.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BINA SHAH
