Vicky Developers vs. Union Of India

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 12621 of 2021

With R/SPECIAL CIVIL APPLICATION NO. 11536 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 12570 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13176 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13519 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13093 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13548 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13123 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13108 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13115 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13104 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13102 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13112 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13121 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13116 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13118 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13119 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13110 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13106 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13105 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13126 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13125 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13368 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 13348 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13349 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13344 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13350 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13343 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13362 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13363 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13364 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13351 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13352 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13342 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13353 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13345 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13346 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13347 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13426 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13463 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13458 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13431 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13421 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13425 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13432 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13430 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13418 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13434 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 13457 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13423 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13428 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13422 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13419 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13433 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13456 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13427 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14289 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14262 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14261 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14263 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14744 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14749 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14269 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14192 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13720 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13813 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 13721 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15801 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14752 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14380 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14375 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14360 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14358 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 14357 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14378 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14362 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14361 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14356 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14373 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14374 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14377 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14384 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14464 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14756 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14463 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14462 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14742 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14747 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14732 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14766 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14567 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14656 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14767 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14781 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14782 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14745 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14743 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14734 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 14741 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14733 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14746 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14740 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14684 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14709 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14692 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14771 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14693 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15309 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14933 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15082 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15078 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 14962 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15441 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15518 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15316 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15414 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15307 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15393 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15212 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15394 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15395 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15387 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15170 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 15488 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15490 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15492 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15406 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15407 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15396 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15397 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15398 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15399 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15493 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15442 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15443 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15495 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15401 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15402 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15511 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15658 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15593 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15597 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15602 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15603 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15604 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15607 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15608 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15613 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 15606 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15609 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15612 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15601 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15610 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15617 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15589 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15588 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15590 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15592 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15591 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15594 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15614 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15619 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15605 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15600 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15599 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15598 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15595 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15596 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15771 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15766 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15903 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15906 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15899 of 2021 With

R/SPECIAL CIVIL APPLICATION NO. 15909 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15911 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15912 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15914 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 15915 of 2021 ========================================================== D G PATEL CONSTRUCTION PVT. LTD.

Versus

UNION OF INDIA ==========================================================

Appearance: MS VAIBHAVI K PARIKH(3238) for the Petitioner(s) No. 1 MR DEVANG VYAS(2794) for the Respondent(s) No. 1 SERVED BY RPAD (N)(6) for the Respondent(s) No. 2,3 ==========================================================

CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 25/10/2021

COMMON ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. In couple of matters this Court notices in the remark column that notice either has not been received back or the Direct Service (DS) affidavit has not been filed. Individually, learned advocates shall ensure that this defect is cured.

2. Learned Additional Solicitor General of India, Mr.Devang Vyas appearing for respondent No.1 and learned senior advocate, Mr.Manish Bhatt appearing for the department have jointly urged this Court that in some of the matters the CBDT has made a request to collect the data of the pending matters concerning the challenge raised in these petitions as the challenge has not pan-India impact and the department is contemplating to move the Apex Court for transfer.

3. Noticing that the Court had earlier fixed these matters for final hearing today and the reply on legal aspect was also to be furnished by the respondent to the petitioners today, the Office of learned Additional Solicitor General of India has

shown inability to so do it in wake of this development.

4. Any such transfer petition as mentioned by the learned counsels if is to be moved, let the same be done at the earliest, otherwise the attempt shall be made to furnish the reply on law point without addressing the individual merit in a matter.

5. For now all matters are being posted for hearing on 22.11.2021. Interim relief, if any granted, in any of these matters, shall continue till 22.11.2021.

6. Special Civil Application No.13519 of 2021 to be de-tagged from these matters.

(SONIA GOKANI, J)

(HEMANT M. PRACHCHHAK,J)

M.M.MIRZA