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High Court of Gujarat

VISMAY SON OF SHRI RAJNIKANT PATELversusUNION OF INDIA

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The appeal is disposed of as withdrawn, and the connected civil applications are dismissed.

Summary

Vismay Rajnikant Patel filed a Letters Patent Appeal (No. 421 of 2026) along with two civil applications for interim relief and withdrawal of the matter. While the proceedings were pending, Patel secured admission to the Mechanical Engineering program at NIT Tiruchirappalli in the general category. On this basis, his counsel sought the court's permission to withdraw the appeal, stating that he no longer wishes to pursue it. The High Court, after hearing the parties, granted the request, ordering that the appeal be disposed of as withdrawn. Consequently, the connected civil applications were also dismissed as they could not survive the withdrawal, and any interim relief previously granted was vacated.

Issues considered

  • Whether a party may withdraw a pending Letters Patent Appeal after obtaining admission to an educational institution.
  • Whether the court may grant permission to withdraw the appeal and consequently dismiss related civil applications.

Subjects

Letters Patent Appealwithdrawal of appealcivil applicationinterim reliefprocedural lawadmission to educational institution

Judgment

     C/LPA/421/2026                              ORDER DATED: 28/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 421 of 2026

                In R/SPECIAL CIVIL APPLICATION/7565/2026

                              With
      CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2026
           In R/LETTERS PATENT APPEAL NO. 421 of 2026
                              With
 CIVIL APPLICATION (FOR WITHDRAWAL OF MATTER) NO. 2 of 2026
           In R/LETTERS PATENT APPEAL NO. 421 of 2026
==========================================================
                  VISMAY SON OF SHRI RAJNIKANT PATEL
                                Versus
                         UNION OF INDIA & ORS.
==========================================================
Appearance:
MR MAHESH BHAVSAR(1781) for the Appellant(s) No. 1
MRS HM BHAVSAR(5340) for the Appellant(s) No. 1
MR HARESH J TRIVEDI(927) for the Respondent(s) No. 1,3
MS DISHA N NANAVATY(2957) for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          and
          HONOURABLE MR. JUSTICE R. T. VACHHANI
                       Date : 28/07/2026
                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.    Mr.K.V. Shelat, learned advocate has received instructions to
appear for and on behalf of the respondent no.2 and shall file his
Vakalatnama in the Registry. Registry is directed to accept it.


2.    We have heard learned advocates Mr.Mahesh Bhavsar,
Mr.Haresh Trivedi, learned Senior Advocate Mr.Mitul Shelat with
learned advocate Ms.Disha Nanavaty and learned advocate Mr.K.V.
Shelat for the respective parties.


3.    Admittedly, pending this proceedings, appellant – Vismay
Rajnikant Patel got admission in Mechanical Engineering, National
Institution of Technology, Tiruchirapalli.


                                 Page 1 of 2
                  C/LPA/421/2026                                                           ORDER DATED: 28/07/2026




        4.         In such circumstances, Mr.Bhavsar, learned advocate for the
        appellant, upon instructions, states that as the applicant got admission
        in general category, he does not press this appeal and seeks permission
        to withdraw it.


        5.         Permission, as sought for, is hereby granted. Present appeal
        stands disposed of as withdrawn.


        6.         In view of the withdrawal of the main appeal, connected civil
        applications i.e. Civil Application No.1 of 2026 and Civil Application
        No.2 of 2026 do not survive and accordingly, the same are disposed of
        as not survived. Interim relief if any granted earlier stands vacated
        forthwith.


                                                                                                   (ILESH J. VORA,J)




                                                                                                 (R. T. VACHHANI, J)
        Rakesh



Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 28/07/2026 17:00:00




                                                               Page 2 of 2


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