[Cites 1, Cited by 0]
Gujarat High Court
Pratik Shamjibhai Patel vs Indusind Bank on 8 May, 2026
NEUTRAL CITATION
C/SCA/5402/2026 ORDER DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5402 of 2026
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PRATIK SHAMJIBHAI PATEL
Versus
INDUSIND BANK & ORS.
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Appearance:
MR DIPAN DESAI(2481) for the Petitioner(s) No. 1
MS AGNEYA MANKAD, AGP for the Respondent(s) No. 3
MR AV NAIR(5602) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 08/05/2026
ORAL ORDER
1. By the present writ petition, the petitioner is praying
for the following reliefs :-
"A. The Hon'ble Court be pleased to issue a writ of certiorari or a
writ in the nature of certiorari or any other appropriate writ, direction or
order, quashing and setting aside the impugned notices /
Communication dated 12.03.2026 and 19.03.2026 issued by the
respondent No.2 Employees' Provident Fund Organization, annexed at
Annexure-A and Annexure-B respectively to this petition.
B. The Hon'ble Court be pleased to issue a writ of certiorari or a
writ in the nature of certiorari or any other appropriate writ, direction or
order quashing and setting aside the impugned communication dated
28.02.2026 issued by the respondent No.3, Mamlatdar Dascroi,
annexed at Annexure-C to this petition, and thereby be pleased to
direct the respondent no.3 to enter the name of the petitioner in the
revenue records as owner of land bearing Block/ Survey No. 1260 (Old
Block No. 325) of village Kunjad, Taluka Dascroi, District Ahmedabad.
C. The Hon'ble Court be pleased to issue a writ of mandamus or a
NEUTRAL CITATION
C/SCA/5402/2026 ORDER DATED: 08/05/2026
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writ in the nature of mandamus or any other appropriate writ, direction
or order, holding and declaring that the petitioner is not liable to pay
the outstanding dues of the respondent No.2 Employees' Provident
Fund Organization towards the borrower, so also any dues of the
respondent No.4 of Kunjad Gram Panchayat that may be due from the
borrower.
D. Pending hearing and final disposal of this petition the Hon'ble
Court be pleased to restrain the respondent authorities from initiating
any coercive action against the petitioner for recovery of outstanding
dues of the No.2 Employees' Provident respondent Fund Organization
by way of granting interim stay against the execution and operation of
the impugned notices 12.03.2026 and 19.03.2026, annexed at
Annexure-A and Annexure-B respectively.
E. Pending hearing and disposal of the petition, the Hon'ble Court
be pleased to restrain the respondent no.4 Kunjad Gram Panchayat
from taking any coercive steps against the petitioner, for recovery of
outstanding property tax of the borrower over the land in question.
F. The Hon'ble Court be pleased to grant such other and further
relief as may be deemed just and proper in the interest of justice."
2. It is the case of the petitioner that the petitioner has
purchased NA land along with construction standing
thereupon at Village-Kunjad, Taluka Dascroi, District
Ahmedabad in auction proceedings conducted by the
respondent No.1- Bank under the SARFAESI Act. The
Revenue Authorities have refused to mutate the name of the
petitioner in the revenue records on the ground that there is
charge of the respondent No.2 for outstanding dues. The
petitioner has also been issued notice/ summons by the
respondent No.2 for recovery of the outstanding dues from
the erstwhile owner.
NEUTRAL CITATION
C/SCA/5402/2026 ORDER DATED: 08/05/2026
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3. Learned advocate Mr. A.V. Nair for the respondent
No.2, upon instructions, states that the total outstanding
dues as on date to be recovered from the erstwhile owner is
Rs. 3,74,834/- in terms of RRC No. PPC /NRD/ RRC/ GJ/ No./
GJNRD1662148000/50 dated 09.04.2025. He submits that
once the said amount is paid, the charge which has been
created by the respondent No.2 shall be removed.
4. Learned advocate Mr. Dipan Desai for the petitioner,
upon instructions, submits that the petitioner shall pay the
amount of Rs. 3,74,834/- towards outstanding dues without
prejudice to his rights and contentions against the
respondent No.1- Bank within a period of Two weeks from
today. He submits that upon payment of such amount, the
respondent No.2 be directed to remove the attachment
expeditiously.
5. Considering the submissions, if the petitioner deposits
the outstanding dues of Rs. 3,74,834/- with the respondent
No.2 in terms of RRC No. PPC /NRD/ RRC/ GJ/ No./
GJNRD1662148000/50 dated 09.04.2025 within a period of
Two weeks from today, then the respondent No.2 shall take
appropriate steps for lifting the charge in respect of land
bearing Block/ Survey No.1260 (old Block No. 325) Village-
Kunjad, Taluka- Dascroi, District- Ahmedabad within a period
NEUTRAL CITATION
C/SCA/5402/2026 ORDER DATED: 08/05/2026
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of One week from the date of receipt such outstanding dues
towards the satisfaction of its outstanding dues. The
respondent No.3 is also directed to take appropriate steps
within a period of Two weeks from the date of
communication of the respondent No.2 regarding lifting of
the charge on the said land.
6. Insofar as the prayers with respect to dues of the
respondent No.4 - Kunjad Gram Panchayat, the petitioner is
at liberty to take appropriate steps and also granted liberty
to initiate appropriate proceedings in law.
7. The present writ petition is accordingly disposed of
with the aforesaid direction. It is clarified that this Court has
not gone into the merits of the case. No order as to cost.
Direct service is permitted.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
