Citation : 2026 Latest Caselaw 2143 Guj
Judgement Date : 9 April, 2026
NEUTRAL CITATION
C/SCA/4924/2026 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4924 of 2026
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M/S SNEH DEEP REALTY PRIVATE LIMITED
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PRATEEK S BHATIA(8629) for the Petitioner(s) No. 1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 09/04/2026
ORAL ORDER
1. Heard Mr. Prateek S. Bhatia, the learned advocate
appearing for the petitioner and Mr. Jayneel Parikh, the learned
AGP appearing for the respondent - State.
2. By way of present petition, the petitioner herein has invoked
Article 226 of the Constitution of India challenging the impugned
order dated 6.6.2023 wherein the Application No.21911202300862
came to be consigned 'to file' on the ground of pendency of RTS
Revision before the learned Collector being RTS Revision
Application No.13 of 2023. The said RTS Revision has attained
finality by order dated 3.9.2025.
NEUTRAL CITATION
C/SCA/4924/2026 ORDER DATED: 09/04/2026
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3. Mr. Bhatia, the learned advocate submits that the petitioner
herein was not a party to the RTS Revision. It is submitted that in
the interest of justice the RTS Revision Application No.13 of 2023
also having attained finality by order dated 3.9.2025 if the
petitioner were to prefer a fresh application for grant of certificate
under Section 63AA of the Gujarat Tenancy And Agricultural Land
Act, 1948, the same be considered by the respondent No.2 in
accordance with provisions of the Act and in accordance with the
law within statutory period.
4. Mr. Jayneel Parikh, the learned AGP submits that in view of
the changed circumstances if the petitioner were to prefer a fresh
application, the same would be decided by the respondent No.2 in
accordance with law.
5. Considering the submissions advanced by the learned
advocates appearing for the respective parties and the documents
produced on record, in the opinion of this Court, the petitioner's
application seeking certificate under Section 63AA of the Gujarat
Tenancy And Agricultural Land Act, 1948 was consigned 'to file'
by impugned order dated 6.6.2023 due to pendency of RTS
NEUTRAL CITATION
C/SCA/4924/2026 ORDER DATED: 09/04/2026
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Revision Application No.13 of 2023 which is rejected by order
dated 13.3.2025 duly produced at page-28. In view thereof, in the
interest of justice, this Court is inclined to pass the following order:-
(i) The applicant is at liberty to prefer a fresh application for
grant of certificate under Section 63AA of the Gujarat Tenancy and
Agricultural Land Act, 1948.
(ii) If such an application is preferred, the Collector, Vadodara
shall consider and decide the same in accordance with law having
due regard to the fact that RTS Revision Application No.13 of
2023 has been disposed of vide order dated 3.9.2025.
(iii) The Collector shall further decide the application which shall
be preferred by the petitioner in accordance with law as
expeditiously as possible without waiting for the statutory time limit,
without being in any way whatsoever influenced by the order dated
6.6.2023.
6. With the aforesaid directions, the present petition stands
disposed of.
(VAIBHAVI D. NANAVATI,J) K.K. SAIYED
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