High Court of Gujarat

JIGAR PRATAPBHAI CHAUDHARIversusSTATE OF GUJARAT

Decided: 19 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

A court may permit the withdrawal of a pending special civil application without examining its merits.

Summary

Petitioner Jigar Pratapbhai Chaudhary filed a Special Civil Application before the Gujarat High Court against the State of Gujarat and others. The petitioner, through counsel Ms. Aishvarya, sought the Court’s permission to withdraw the petition so that a fresh petition could be filed with additional facts, grounds and prayers. The Court considered whether it could allow a withdrawal without adjudicating the merits. Relying on procedural rules that permit a party to withdraw a pending application, the Court granted the request. It ordered the petition to stand disposed as withdrawn, expressly noting that no merits were examined.

Subjects

civil procedure
withdrawal of petition
special civil application

Judgment

         C/SCA/14816/2024                                                              ORDER DATED: 19/02/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO.14816 of 2024

 ==========================================================
                                   JIGAR PRATAPBHAI CHAUDHARI
                                              Versus
                                     STATE OF GUJARAT & ORS.
 ==========================================================
 Appearance :
 AISHVARYA for the Petitioner.
 MR HENIL SHAH, AGP for the Respondent Nos.1,2
 MR KALPESH N SHASTRI for the Respondent No.3.
 NOTICE SERVED BY DS for the Respondent No.3.
 =========================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                               Date : 19/02/2026
                                                ORAL ORDER


                      Learned advocate Ms. Aishvarya states that she has an
 instructions to appear for the petitioner and under instructions, she
 may be permitted to withdraw this petition with a view to 'le fresh
 petition with additional facts, grounds and prayers. Permission as
 prayed for is granted.                              The petition stands disposed of as
 withdrawn. It is made clear that this Court has not examined the
 merits of the matter.

                                                                                   (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 19/02/2026 14:57:23




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