"Wholly Misconceived": Gujarat High Court Imposes ₹5 Lakh Cost On Litigant Challenging Vires Of Land Grabbing Act

Dismissing a plea challenging provisions of the Gujarat Land Grabbing (Prohibition) Act 2020, the High Court on Monday (July 14) imposed Rs. 5 Lakh cost on the litigant for filing a "wholly misconceived petition", noting that the validity of the statute had already been upheld by the court last year. 

The court said this after noting that the litigant, after withdrawing a plea in 2024 for quashing of offences alleged against him under the Act, had filed the present plea in the "garb of challenging" the validity of statutory provisions.

A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order dictated:

"This is a wholly misconceived petition seemed to be filed on ill-advice of learned advocate who is taking aid of the decision of the Apex Court dated 26-5-2025 whereby writ petition filed under Article 32 of the Constitution of India before the Apex Court by the petitioner herein has been disposed of reserving liberty to the petitioners to seek remedies in accordance with law". 

Taking note of the prayers in the present plea, the court in its order further dictated, "We may note that this is second round of writ petition before this court seeking for quashing of FIR".

The bench noted that in the first round the petitioner had sought permission to withdraw his quashing petition with a view to avail other remedy available in accordance with law, and the same had been permitted by the court in its November 19, 2024 order. 

"In so far as prayer b in the writ petition seeking for declaration of the Gujarat Land Grabbing (Prohibition) Act 2020 read with the rules, as ultra vires to the Constitution of India, the issue has been adjudicated by this court passed in a bunch of writ petitions," the bench said.

For context, the high court had in May last year in a bunch of 150 petitions had upheld the constitutional validity of the Act along with its allied rules. Regarding the imposition of a minimum sentence of 10 years for land grabbing, the Court had upheld the wisdom of the legislature, stating that it's the prerogative of elected representatives to determine what is in the best interest of the people.

The high court in the present matter said,

"It is thus evident that none of the reliefs prayed are available to agitated in second round of petition...once the validity of the statutory provisions are adjudicated by this court, no subsequent petition seeking to agitate the issue of validity of same statutory provision can be entertained...Even otherwise once petitioners have withdrawn the petition filed for quashing of  FIR...same relief cannot be prayed by way of the present writ petition filed under the garb of challenging the validity of statutory provision. The present petition is nothing but an an abuse of process of the court. The petition is accordingly dismissed with exemplary cost of Rs 5 Lakh".

Case title: UMARBHAI BACHUBHAI KABARIYA & ORS.  V/S STATE OF GUJARAT & ORS.

R/SCR.A/9578/2025