STATE OF GUJARAT THROUGH SPECIAL LAND ACQUISITION vs CHAUDHARY RAMJIBHAI VISABHAI
- Court
- Gujarat High Court
C/SCA/6065/2026 JUDGMENT DATED: 29/10/2026
(GJHC240267092026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6065 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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STATE OF GUJARAT THROUGH SPECIAL LAND ACQUISITION & ANR.
Versus
CHAUDHARY RAMJIBHAI VISABHAI & ANR.
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Appearance:
MR. CHIRAG UPADHYAY, AGP for the Petitioner(s) No. 1,2
MR. ARCHIT P JANI(7304) for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 29/10/2026
JUDGMENT
1. Heard Mr. Chirag Upadhyay, learned AGP for the
petitioners and Mr. Archit Jani, learned advocate for the
respondents.
2. Rule returnable forthwith. Learned advocate Mr. Jani
waives service of notice of rule on behalf of the respondents.
3. With the consent of respective parties, the matter is
taken up for hearing.
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4. This petition is filed under Article 227 of the Constitution
of India, seeking following reliefs:
“A. This Hon'ble Court be pleased to admit and allow this petition.
B. YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or
in the nature of any other appropriate Writ, order or direction, quashing
and setting aside the order dated 03.01.2026 passed below Exh-56
application annexed at Annexure-A in Execution Petition No. 50 of
2015 passed by the Learned Principal Sr. Civil Judge, Vishnagar and
further be pleased to allow the application preferred below Exh-56.
C. Pending, admission and final disposal of this petition YOUR
LORDSHIPS be pleased to stay the further proceedings pending
before the Learned Principal Sr. Civil Judge, Vishnagar bearing
Execution Petition No.50 of 2015. A+ Annx-A
D. Pending, admission and final disposal of this petition YOUR
LORDSHIPS be pleased to stay implementation, execution and
operation of the order passed below Exh-66 dated 09.03.2026 and
order passed below Exh-69dated 13.03.2026 by the Learned Principal
Sr. Civil Judge, Vishnagarannexed at Annexure-B and Annexure-C
and subsequent proceedings thereto in Execution Petition No.50 of
2015.
E. YOUR LORDSHIPS may be pleased to grant any other and further
relief/s as may be deemed fit and proper in the facts and
circumstances of the case in the interest of justice:”
SUBMISSIONS ON BEHALF OF PETITIONERS:
5. At the outset, Mr. Upadhyay, learned AGP for the
petitioners, would submit that due to some inadvertence error
and under mistaken belief that after the calculation of the
respondents will be submitted on record, the petitioners submit
the calculation, which ultimately resulted into delay in filing the
objection on the side of the petitioners. It is further submitted
that this Court, vide order dated 23.12.2021 passed in Special
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Civil Application No.7156 of 2019, permitted the petitioners to
submit their objection and calculation, as well as permitted the
respondents herein to submit their calculation. It is further
submitted that no fresh calculation was submitted by the
respondents, and due to such reason, the petitioners could not
respond to such calculation by way of its objection.
5.1 Mr. Upadhyay, learned AGP would request this Court to
remand the matter back to the Executing Court by allowing the
petitioners to submit their objection to the execution petition,
as well as permit the petitioners to submit their calculation,
vis-a-vis the awarded amount by the Reference Court.
5.2 Mr. Upadhya, learned AGP would further state that during
the pendency of this petition, the petitioners have deposited a
sum of Rs.2,20,771/- with the Executing Court, which according
to the petitioners is the final payment which may be paid to
the respondents.
SUBMISSIONS ON BEHALF OF RESPONDENTS:
6. Per contra , Mr. Jani, learned advocate for the
respondents, would submit that despite granting reasonable
opportunity to the petitioners to respond to the execution
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petition and as such the calculation already on record in the
form of the execution petition, the petitioners failed to submit
their objection within the stipulated time, which ultimately
resulted into passing of the impugned order. It is submitted
that due to lack of petitioner’s interest, as they had not filed
the objection, the entire execution proceeding, which
otherwise instituted in the year 2015, gets delayed.
6.1 Mr. Jani, learned advocate for the respondents, under the
instruction of his client, would state that if this Court is inclined
to remand the matter back to the Executing Court by giving
one last opportunity to the petitioners to respond to the
execution and to submit fresh calculation, the petitioners may
be directed to pay costs to the respondents for this
unwarranted litigation. It is submitted that in such a case, the
respondents-decree holders may also be permitted to submit
their fresh calculation.
6.2 Further, Mr. Jani, learned advocate would request this
Court that some direction may be issued to the Executing
Court to finally adjudicate the execution petition in question,
which is otherwise pending since 2015.
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6.3 Mr. Jani, learned advocate would lastly request this Court
that the undisputed amount, i.e., Rs.2,20,771/- deposited by
the petitioners being undisputed amount, may be permitted to
be withdrawn by the respondents.
ANALYSIS:
7. Having heard learned advocates for the respective
parties and considering the fact that despite there was an
opportunity granted by this Court vide its order that
23.12.2021 passed in Special Civil Application No.7156 of
2019, the petitioner-State failed to submit their objection and
the calculation in the pending execution. It appears that after
about more than a year or so from expiry of the time granted
by this Court, the impugned application filed by the petitioners,
below Exhibit-56 in the execution proceeding, whereby
requested the Executing Court to allow the petitioners to
submit their objection and calculation. Since the time granted
by this Court was already over, the Executing Court vide its
order dated 03.01.2026 did not accept the prayer made by the
petitioners. Accordingly, it rejected the impugned application.
8. Considering the submissions advanced by learned
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advocates for the respective parties and there is a broad
consensus between the parties that one opportunity may be
given to the petitioners to respond the execution proceeding
by filing their objection and calculation (if any) with reasonable
costs, considering the facts and circumstances of the present
case, I am inclined to accept such request. Thus, I pass the
following orders:
8.1. Subject to petitioners pay a sum of Rs.25,000/- as a
cost to the respondents by depositing with the Executing
Court on or before 30.11.2026, the impugned order
dated 03.01.2026 passed by learned Additional Chief
Judicial Magistrate, Visnagar, in Special Execution
Petition No.50 of 2015, is hereby quashed and set aside.
Accordingly, the impugned application filed below
Exhibit-56 by the petitioners is hereby allowed.
8.2. In a case where, the petitioners will deposit the
aforesaid amount of costs in time, the Executing Court is
hereby directed to disburse the said amount in favour of
the respondents-decree holders, upon proper
verification.
8.3. The petitioners are permitted to file their objection
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and calculation (if any) on or before 15.12.2026.
8.4. Apropos to the aforesaid objection and calculation
which may be filed by the petitioners, it is open for the
respondents-decree holders to submit their response to
the objection and their fresh calculation (if any). It is
made clear that the petitioners can file their calculation
irrespective of any fresh calculation of the decree holders
submitted on record or not.
8.5. The Executing Court is hereby directed to hear and
decide the Special Execution Petition No.50 of 2015 as
expeditiously as possible, but not later than 30.04.2027.
8.6. Upon proper verification, the Executing Court is
further directed to disburse Rs.2,20,771/- deposited by
the petitioners to the respondents-decree holders at the
earliest in accordance with law.
9. It is made clear that in the case where the petitioners
failed to deposit the costs and or failed to submit their
objection within the stipulated time including their calculation,
no further opportunity will be given to the petitioners, and in
such eventuality, the Executing Court shall have to adjudicate
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the lis between the parties as per the material available on the
record.
10. In view of the foregoing discussion and reasons, the
present petition is partly allowed. Rule is made absolute to the
aforesaid extent.
(MAULIK J.SHELAT,J)
DEEPAK GEHLOT
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