High Court of Gujarat

M/S JALARAM PROJECTS PVT LTDversusGUJARAT WATER SUPPLY AND WATER SEWERAGE BOARD

Decided: 10 August 2026
Disposal: DISPOSED AS INFRUCTUOUS
Bench: NIRZAR S DESAI

Holding

The Court permits the petitioner to withdraw the present petition and file a fresh petition later, keeping all rights and contentions of both parties open, without deciding the merits.

Summary

M/s Jalaram Projects Pvt Ltd filed a Special Civil Application challenging a show‑cause notice issued by the Gujarat Water Supply and Water Sewerage Board. The petitioner argued that the notice rendered the petition infructuous as the matter was already before the Board, and sought permission to withdraw the petition and file a fresh one if a new cause of action arose. The respondent contended that the petition was premature and that withdrawing it would keep all rights and contentions open. The Court accepted the petitioner's request, granting permission to file a fresh petition in the future and keeping the parties' rights and contentions open, without addressing the merits of the dispute.

Issues considered

Whether the Special Civil Application is premature and infructuous in view of the show‑cause notice.
Whether the petitioner may be permitted to withdraw the present petition and file a fresh petition if a further cause of action arises.

Subjects

Special Civil Application
premature petition
infructuous petition
show‑cause notice
fresh petition
rights open
court order

Judgment

   C/SCA/11054/2026                                   ORDER DATED: 10/08/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/SPECIAL CIVIL APPLICATION NO.                    11054 of 2026

=====================================================
             M/S JALARAM PROJECTS PVT LTD
                         Versus
    GUJARAT WATER SUPPLY AND WATER SEWERAGE BOARD
=====================================================
Appearance:
PARAS K SUKHWANI(8284) for the Petitioner(s) No. 1
RC JANI & ASSOCIATE(6436) for the Respondent(s) No. 1
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 10/08/2026

                                 ORDER

  1. Heard        learned      advocate         Mr.   Paras        Sukhwani,

     appearing for the petitioner.


  2. Learned advocate Mr. Paras Sukhwani places on

     record a show-cause notice dated 01.08.2026 and

     states that, in view of the aforesaid show-cause

     notice,          the     present          petition      has        become

     infructuous, as the petition was filed on the

     basis of an apprehension. Learned advocate Mr.

     Paras Sukhwani states that, in view of the fact

     that the show-cause notice dated 01.08.2026 has

     now been issued to the petitioner, the present



                                 Page 1 of 3
 C/SCA/11054/2026                                            ORDER DATED: 10/08/2026




   petition would not survive, as the petitioner

   has      already         participated                in    the     proceedings

   initiated pursuant to the said show-cause notice

   dated       01.08.2026.          He     further           states       that,        if

   required,          the      petitioner           shall          file    a      fresh

   petition challenging any further action of the

   respondents.


3. Learned advocate Ms. Rhea Sevak, appearing for

   Gandhi           Law   Associates,              states         that,      as        the

   proceedings            have      already         been          initiated,           the

   petition, at the time when it was filed, was

   premature. She, therefore, submits that, if the

   petitioner is permitted to withdraw the present

   petition,          all      rights       and         contentions            of      the

   respondent-Board may be kept open.


4. Considering the request made by learned advocate

   Mr.        Paras         Sukhwani,              appearing              for          the

   petitioner,            to     permit           him    to       file     a      fresh

   petition, permission, as prayed for, is granted.

   The     petitioner          is     permitted              to    file     a     fresh

   petition, if a further cause of action arises.



                                    Page 2 of 3
      C/SCA/11054/2026                                                          ORDER DATED: 10/08/2026




    5. All rights and contentions of both the parties

          are kept open.


    6. It is clarified that this Court has not gone

          into the merits of the matter.


    7. Registry is directed to accept the Vakalatnama

          (V.P.) of M/s. Gandhi Law Associates for the

          respondents.


                                                                          (NIRZAR S. DESAI,J)



Pallavi




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 10/08/2026 17:59:55




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