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High Court of Gujarat

RAMESHBHAI JALAMBHAI GOHILversusGUJARAT STATE INFORMATION COMMISSIONER

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court granted permission to withdraw the petition, disposing of it as withdrawn.

Summary

Petitioner Rameshbhai Jalambhai Gohil filed a Special Civil Application before the Gujarat High Court seeking permission to withdraw the pending petition and to file a fresh Right to Information (RTI) application. The petitioner, through counsel, requested the court’s leave to withdraw so that the new RTI request could be considered afresh. The sole question before the court was whether it could grant permission for withdrawal of the petition. Justice Nirzar S. Desai examined the request and found no legal impediment to allowing the withdrawal. Accordingly, the court granted the petitioner's prayer, ordering the present petition to stand disposed of as withdrawn. The order further clarified that any fresh RTI application filed thereafter would be dealt with on its merits, unaffected by the withdrawal.

Issues considered

  • Whether the High Court may grant permission to withdraw a pending Special Civil Application for the purpose of filing a fresh RTI application

Subjects

  • withdrawal of petition
  • Right to Information
  • Special Civil Application
  • Gujarat High Court
  • court order

Judgment

            C/SCA/10529/2026                                                                  ORDER DATED: 31/07/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SPECIAL CIVIL APPLICATION NO. 10529 of 2026

   ==========================================================
                          RAMESHBHAI JALAMBHAI GOHIL
                                     Versus
                 GUJARAT STATE INFORMATION COMMISSIONER & ORS.
   ==========================================================
   Appearance:
   MR. NAYAN N BARAIYA(15858) for the Petitioner(s) No. 1
   ==========================================================

       CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                      Date : 31/07/2026

                                                              ORDER


               Learned advocate Mr. Malay Patel appearing for the
   petitioner, under instructions, seeks permission to withdraw the
   present petition with a view to file a fresh RTI application.
   Permission as prayed for is granted. Accordingly, the present
   petition stands disposed of as withdrawn.



               It is clarified that if the petitioner files a fresh RTI
   application, the same shall be considered in accordance with
   law, without being influenced by the withdrawal of the present
   petition.


                                                                                                  (NIRZAR S. DESAI,J)
   BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 31/07/2026 16:23:39



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