High Court of Gujarat
MOTANBEN ASHOKBHAI SAMUDRE THROUGH POA CHAGANBHAI DEVKISHANBHAI CHANDELversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court allowed the withdrawal of the pending applications and directed that a fresh lease application be considered independently of the earlier rejection.
Summary
Hiteshbhai Kashinathbhai Patel filed two special civil applications seeking renewal of a lease granted by the State of Gujarat. The petitioner, through counsel, requested permission to withdraw these applications so that a fresh lease could be applied for under the State's new lease policy. The High Court examined whether the petitioner could withdraw the pending applications without prejudice to a new application. The Court granted the request, directing that any fresh lease application be considered on its own merits within six months and not be affected by the earlier rejection of the renewal. It further clarified that the earlier orders rejecting the lease renewal would not impede the fresh lease application. Consequently, both applications were disposed of as withdrawn.
Issues considered
- Whether the petitioner is entitled to withdraw pending lease renewal applications to file a fresh application under a new policy.
- Whether the earlier rejection of lease renewal should affect the consideration of a fresh lease application.
Subjects
- lease renewal
- withdrawal of petition
- fresh lease application
- state policy
- administrative law
Judgment
C/SCA/10064/2025 ORDER DATED: 09/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10064 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10294 of 2025
==========================================================
HITESHBHAI KASHINATHBHAI PATEL
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR. PARAM. S. DAVE(14217) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/06/2026
ORAL ORDER
Learned advocate, Mr.Param S. Dave, under instruction
stated that he may be permitted to withdraw these petitions
with a view to make fresh application for fresh lease under the
new policy of the State Government.
Permission, as prayed for, is granted. If any application
for fresh lease is preferred, the same is directed to be
considered in accordance with law, as early as possible and
preferably within six months from the date of the application,
without being influenced by the withdrawal of present
petitions.
In view of above observation and direction, both these
petitions are disposed of as withdrawn. It is clarified that
earlier orders, whereby the renewal of the lease was rejected
may not come in the way of the petitioner in being considered
for fresh lease by way of fresh application and the same may
be decided on its own merits and in accordance with law.
(NIRZAR S. DESAI,J)
R.S. MALEK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:05:42
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.