High Court of Gujarat

PATAHAN SOHIDKHAN AHEMADKHANversusSTATE OF GUJARAT

Decided: 7 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition is dismissed as withdrawn, with the Court granting permission to withdraw without examining the merits.

Summary

The petitioner, Patahan Sohidkhan Ahmadkhan, filed a Special Civil Application before the Gujarat High Court seeking permission to withdraw the petition so as to pursue an appropriate remedy elsewhere. The respondent State of Gujarat and others opposed the withdrawal. The sole question before the Court was whether it could grant the petitioner’s request to withdraw the pending petition. The Court, after hearing counsel, allowed the withdrawal, stating that it had not examined the merits of the case. Consequently, the petition was dismissed as withdrawn, the notice was discharged, and no order as to costs was made.

Issues considered

Whether the High Court may grant permission to withdraw a pending Special Civil Application.

Subjects

withdrawal of petition
special civil application
procedural law
costs
court discretion

Judgment

         C/SCA/10083/2026                                                              ORDER DATED: 07/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO.10083 of 2026

 =========================================
                                PATAHAN SOHIDKHAN AHEMADKHAN
                                             Versus
                                    STATE OF GUJARAT & ORS.
 =========================================
 Appearance :
 MR M. M. BUKHARI for the Petitioner.
 MR HENIL SHAH, AGP for the Respondent Nos.1,2,3
 MR AD OZA for the Respondent No.2.
 NOTICE SERVED BY DS for the Respondent Nos.4,5
 =========================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                               Date : 07/08/2026
                                                    ORDER


                      Learned advocate Mr. Bukhari appearing for the
 petitioner, under instructions, seeks permission to withdraw this
 petition with a view to avail appropriate remedy.                                                 Permission as
 prayed for is granted. The petition stands dismissed as withdrawn.
 Notice is discharged. No order as to costs. It is made clear that
 this Court has not examined the merits of the case.


                                                                                   (NIRZAR S. DESAI,J)



 SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2026 17:29:47




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