Case Note & Summary
The petitioners filed a writ petition under Article 226 of the Constitution before the Gujarat High Court seeking to quash land acquisition proceedings concerning their land. On 25.04.2019, the court noted that the interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was pending before a Constitution Bench of the Supreme Court. Consequently, the matter was adjourned sine die, reserving liberty to either party to file a note upon the outcome of that decision. However, no such note was filed by the petitioners or the respondents. The matter was subsequently listed on 02.03.2026 in accordance with the Standard Operating Procedure (SOP) for revival of old matters. On that date, the court observed that the petitioners had not taken any steps to prosecute the petition. The court held that the petition had become infructuous due to non-prosecution and dismissed it accordingly. The judgment does not discuss the merits of the land acquisition challenge or the interpretation of Section 24(2). The court did not award any costs.
Headnote
A) Land Acquisition - Section 24(2) of the Act 2013 - Adjournment Sine Die - The petition was adjourned sine die on 25.04.2019 pending a Constitution Bench decision on interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with liberty to file a note upon outcome. No note was filed until the matter was listed on 02.03.2026 under SOP. Held that the petition is dismissed as infructuous for non-prosecution (Paras 2-3).
Issue of Consideration
Whether the writ petition challenging land acquisition proceedings should be revived after being adjourned sine die pending a Supreme Court decision on Section 24(2) of the Act 2013, when no note was filed by the petitioners.
Final Decision
The petition is dismissed as infructuous for non-prosecution. No order as to costs.
Law Points
- Land acquisition
- Section 24(2) of the Act 2013
- adjournment sine die
- non-prosecution
- dismissal as infructuous
Case Details
2026 LawText (GUJ) (03) 911
R/Special Civil Application No. 16389 of 2018
Tattvam K Patel, Hetal Patel
Yogeshbhai Ravjibhai & Anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 challenging land acquisition proceedings.
Remedy Sought
Petitioners sought quashing of land acquisition proceedings and status quo over their land.
Filing Reason
Petitioners challenged the land acquisition proceedings concerning their land.
Previous Decisions
On 25.04.2019, the matter was adjourned sine die pending a Supreme Court decision on Section 24(2) of the Act 2013, with liberty to file a note upon outcome.
Issues
Whether the petition should be revived after being adjourned sine die when no note was filed by the petitioners.
Submissions/Arguments
No submissions were made as the matter was dismissed for non-prosecution.
Ratio Decidendi
A writ petition adjourned sine die pending a Supreme Court decision becomes infructuous if the petitioner fails to file a note on the outcome and does not prosecute the matter.
Judgment Excerpts
By means of the present petition, the petitioners herein seek the following reliefs:-
It may be noted that on the presentation of the writ petition, by the order dated 25.04.2019, noticing that the issue pertaining to the interpretation of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the Act, 2013”) was engaging attention of the Constitution Bench of the Hon’ble Apex Court, the matter has been adjourned sine die, reserving liberty with either of the parties to file a note upon the outcome of the same.
However, no such note has been filed untill the matter came up on the Board from the cut off, on 02.03.2026, in view of the Standard Operating Procedure (SOP)
Procedural History
The writ petition was filed in 2018. On 25.04.2019, the court adjourned the matter sine die pending a Supreme Court decision on Section 24(2) of the Act 2013. No note was filed. The matter was listed on 02.03.2026 under SOP. On 10.03.2026, the court dismissed the petition as infructuous.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24(2)
