High Court of Gujarat

THAKOR BHAGVANJI JODHAJIversusSTATE OF GUJARAT

Decided: 11 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court held that the petitioner may withdraw the petition and the petition stands disposed of as withdrawn.

Summary

The petitioner, Thakor Bhagvanji Jodhani, filed a Special Civil Application before the High Court of Gujarat and later sought the Court's permission to withdraw the petition in order to pursue an appropriate remedy. The petitioner, through counsel Mr. Yogesh G. Kanade, requested that the withdrawal be allowed without prejudice to any future application. The Court considered whether it could grant such permission and whether the withdrawal would affect the petitioner's right to seek another remedy. The Court held that there is no legal impediment to permitting the withdrawal and that the petition could be disposed of as withdrawn. Consequently, the petition was ordered withdrawn, the notice discharged, and no order as to costs was made, with the clarification that the withdrawal does not prejudice the petitioner’s right to file a suitable application later.

Issues considered

Whether the petitioner may be permitted to withdraw the Special Civil Application

Subjects

withdrawal of petition
special civil application
court order
costs

Judgment

        C/SCA/11120/2019                                                              ORDER DATED: 11/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO.11120 of 2019

=========================================
                                       THAKOR BHAGVANJI JODHAJI
                                                 Versus
                                        STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR YOGESH G KANADE for the Petitioner.
DS AFF.NOT FILED (N) for the Respondent No.2
MR HENIL SHAH, AGP for the Respondent No.1.
MS LILU K BHAYA for the Respondent No.3.
=========================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                              Date : 11/08/2026
                                                   ORDER

                      Learned advocate Mr. Kanade appearing for                                                        the
petitioner, under instructions, seeks permission to withdraw this
petition with a view to avail appropriate remedy available to the
petitioner.             Permission as prayed for is granted.                                         The petition
stands disposed of as withdrawn. Notice is discharged. No order
as to costs. It is clari=ed that withdrawal of this petition shall not
come in the way of the petitioner in getting his appropriate
application/remedy decided on its own merits if permissible under
law.
                                                                                   (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 11/08/2026 17:34:42




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