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Gujarat High Court
Shree Swashraya Cooperative Housing ... vs Rajkot Municipal Corporation on 27 February, 2026
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C/SCA/2656/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2656 of 2026
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SHREE SWASHRAYA COOPERATIVE HOUSING SOCIETY LTD., RAJKOT
Versus
RAJKOT MUNICIPAL CORPORATION & ANR.
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Appearance:
MR. DAXAY PATEL LD. ADVOCATE for MR BHARAT T RAO(697) for the
Petitioner(s) No. 1
MR YOGI K GADHIA(5913) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 27/02/2026
ORAL ORDER
1. This petition is filed seeking to direct respondent No. 1 -
Rajkot Municipal Corporation to vacate the building which
was given to them in the year 1980, on rent for running
Primary School No.35 - "Shreeveer Tatyatope". The petitioner
has also prayed that the respondent - Corporation may be
directed to give peaceful vacant possession of the building in
question.
2. Heard learned advocate Mr. Daxay Patel for learned
advocate Mr. B. T. Rao for the petitioner and learned advocate
Mr.Yogi Gadhia for respondent - Corporation.
3. It is case of the petitioner that upon request of
respondent - Corporation and Primary Education Committee
of Rajkot Municipal Corporation, the petitioner gave the
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"Shreeveer Tatyatope" with building in question, of their
ownership to Rajkot Municipal Corporation to run Primary
School No.35.
3.1 Since respondent - Corporation has shifted the school
and closed this premises since last 20 years, a request was
made by written communication to respondent - Corporation
to hand over the possession of building in question to the
petitioner who is lawful owner.
3.2 Learned advocate for the petitioner further submitted
that a representation in this regard was also made to the
respondent on 05.08.2024 by hand delivery which is not
replied till today. Reliance is also placed on order of this Court
dated 16.09.2022 in Special Civil Application No.18784 of
2018 and other allied matters. Other decisions involving
similar issue decided in favour of petitioners are also annexed
at Annexure- S, Page No. 52 onwards. Learned advocate
pointed out that under order dated 16.09.2022, in Special
Civil Application No.18784 of 2018, involving similar issue,
this Court has held as under: -
"6.4 The respondent No.1 - Rajkot Municipal
Corporation shall handover peaceful and vacant
possession of the school premises no.62 to the
petitioners, within a period of two weeks from
today."
3.3 Further the said order was subject matter of appeal in
Letters Patent Appeal No.1742 of 2022 and other allied
appeals wherein, the appeal Court vide order dated
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06.01.2023 upheld the order dated 16.09.2022 in Special Civil
Application No. 18784 of 2018. Learned advocate for the
petitioner submitted that since the issue is no more res-
integra the present petition may be allowed and the
respondent - Corporation may be directed to handover the
vacant possession of the subject building to the petitioner.
4. Learned advocate Mr.Yogi Gadhia appeared on behalf of
respondent - Corporation, however, could not dispute the
order of this Court dated 16.09.2022 in Special Civil
Application No.18784 of 2018 and the intra Court appeal
order dated 06.01.2023, in Letters Patent Appeal No.1742 of
2022 and other allied appeals and thus could not make any
submissions distinguishing the said decision from the facts of
this case.
5. Considered the submissions. It appears that the issue
involved in this petition is considered in the order dated
06.01.2023 in Letters Patent Appeal No.1742 of 2022 and
other allied appeals, wherein the Division Bench has held as
under: -
"2. Today, learned counsel appearing for the
appellants corporation has filed the affidavits of
Commissioner, Rajkot Municipal Corporation,
undertaking thereunder to deliver the possession of
the respective premises to the respective land
owners on or before 28.01.2023. The learned
counsels appearing for the respective writ
applicants who have received the copy of the
affidavits have no objection for granting time till the
end of this month. Hence, placing the said affidavits
on record and granting time to the appellant
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Municipal Corporation to quit/vacate/deliver vacant
possession of the leased premises to the respective
land owners without driving them to any other
proceedings, these appeals stand disposed of. We
also make it clear that in the event of the appellants
failing to hand over possession of premises as under
taken in the affidavit, writ applicants would be at
liberty to move this Court in the present appeals for
further and suitable orders being passed. The
arrears of rent if any upto the date of handing over
possession of the premises, shall be paid if not,
already paid."
6. In view of the order dated 06.01.2023 in Letters Patent
Appeal No.1742 of 2022, involving similar issue, Respondent
No. 1 - Rajkot Municipal Corporation shall handover peaceful
vacant possession of the Primary School No. 35 "Shreeveer
Tatyatope" to the petitioner before 30th June, 2026.
7. With the above directions, present petition is disposed
of.
Direct service is permitted.
(NIRAL R. MEHTA,J)
NIHAL PATEL
