Gujarat High Court|Thursday, 5 February 2026
Gujarat HC Dismisses Appeal on Land Ownership by Amraji Ataji Through PoA Hasmukhbhai Patel
Bench
Hon'ble Mrs. Justice Sunita Agarwal
Sunita Agarwal
Gujarat HC Dismisses Appeal on Land Ownership by Amraji Ataji Through PoA Hasmukhbhai Patel (2026) held that A party cannot maintain a writ petition if they no longer hold any rights in the subject matter due to prior transfer of ownership.
The case involves Amraji Ataji, who, through his power of attorney holder Hasmukhbhai Kantibhai Patel, appealed against an order concerning land ownership rights over a plot in Gandhinagar. The petitioner claimed ownership of 600 sq.mtrs. of land after a prior acquisition, but the court found that he had transferred ownership through a sale deed to Patel, thus lacking standing to appeal. The High Court dismissed the appeal, emphasizing the abuse of process due to non-disclosure of the sale deed in previous petitions.
A party cannot maintain a writ petition if they no longer hold any rights in the subject matter due to prior transfer of ownership.
Failure to disclose material facts, such as the execution of a sale deed, constitutes an abuse of the court's process.
The court emphasized the importance of full disclosure in legal proceedings to ensure fair adjudication.
First writ petition disposed
Order challenged in second writ petition
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