High Court of Gujarat
DECD. AHEMADBHAI ADAMBHAI THROUGH HIS HEIRS AND LRs-SHAHIDAHUSAIN AHEMADBHAI SIDATARversusDY COLLECTOR AND SUB DIVISIONAL MAGISTRATE,BOTAD
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition was permitted to be withdrawn and the application was disposed of without consideration of its merits.
Summary
The petitioners, heirs of Ahemadbhai Adambhai, filed a Special Civil Application seeking renewal of a lease and later sought to withdraw the petition. The petitioner had already made a representation to the Deputy Collector and Chief Officer of Botad for lease renewal. The respondents, the DY Collector and Sub Divisional Magistrate, through their counsel, indicated that the petition should be considered by the competent authority under law. The petitioner’s counsel requested permission to withdraw the application, which the Court granted. The Court disposed of the petition without examining the merits of the lease renewal issue.
Issues considered
- Whether the petitioner may withdraw the Special Civil Application at this stage
Subjects
- withdrawal of petition
- special civil application
- procedural law
- lease renewal
- court discretion
Judgment
C/SCA/11498/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11498 of 2026
=====================================================
DECD. AHEMADBHAI ADAMBHAI THROUGH HIS HEIRS AND LRs-
SHAHIDAHUSAIN AHEMADBHAI SIDATAR & ANR.
Versus
DY COLLECTOR AND SUB DIVISIONAL MAGISTRATE,BOTAD &
ANR.
=====================================================
Appearance:
MR NV GANDHI(1693) for the Petitioner(s) No. 1,2
MS ROSHNI PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
HARSHESH R KAKKAD(7813) for the Respondent(s) No. 2
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 17/08/2026
ORDER
1. Learned Advocate Mr. N. V. Gandhi draws the
attention of this Court to the fact that the
petitioner has already made a representation to
the Deputy Collector, Botad and the Chief
Officer, Botad, seeking renewal of the lease,
vide representation dated 27th July 2026.
2. Learned Advocate Mr. Harshesh Kakkad states that
the request made by the petitioner shall be
considered in accordance with law.
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C/SCA/11498/2026 ORDER DATED: 17/08/2026
3. In view of the above, learned Assistant
Government Pleader Ms. Roshni Patel, as well as
learned Advocate Mr. Harshesh Kakkad, appearing
for Respondent Nos. 1 and 2, state that the
application of the petitioner shall be
considered in accordance with law by the
authority competent to decide the same.
4. In view of the aforesaid statement made by
learned Assistant Government Pleader Ms. Roshni
Patel and learned Advocate Mr. Harshesh Kakkad,
learned Advocate Mr. N. V. Gandhi seeks
permission to withdraw the present petition at
this stage.
5. Permission, as prayed for, is granted. The
present petition stands disposed of.
6. It is clarified that this Court has not gone
into the merits of the matter.
(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 17/08/2026 17:22:20
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