High Court of Gujarat

HANIFBHAI HUSENBHAI MANEKIAversusGOVERNMENT OF GUJARAT

Decided: 3 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition is withdrawn and the interim relief is vacated.

Summary

The petitioner, Hanifbhai Husenbhai Manekia, filed Special Civil Application No. 14906 of 2023 before the Gujarat High Court. The petitioner, through counsel Mr. J.D. Ajmera and Mr. Harshad Patel, sought the Court's permission to withdraw the petition. The issue before the Court was whether it could permit the withdrawal of a pending civil application and vacate the interim relief that had been granted. The Court, exercising its inherent jurisdiction, held that a party may withdraw a petition at any stage before a final decree, and that the notice issued to respondents could be discharged. Accordingly, the Court granted the petitioner's request, ordered the petition to be withdrawn, and vacated the interim relief. The order was pronounced by Justice Nirzar S. Desai on 3 February 2026.

Issues considered

Whether the High Court can permit the withdrawal of a pending Special Civil Application
Whether the interim relief granted to the petitioner should be vacated upon withdrawal

Subjects

withdrawal of petition
special civil application
interim relief
High Court of Gujarat
court discretion

Judgment

      C/SCA/14906/2023                                                   ORDER DATED: 03/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 14906 of 2023

==========================================================
                           HANIFBHAI HUSENBHAI MANEKIA
                                       Versus
                          GOVERNMENT OF GUJARAT & ORS.
==========================================================
Appearance:
MR JD AJMERA(119) for the Petitioner(s) No. 1
MR BIPIN P JASANI(360) for the Respondent(s) No. 5,6
MR VISHVESH PUJARA, AGP for the Respondent(s) No. 2,3,4
NOTICE UNSERVED for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                        Date : 03/02/2026

                                           ORAL ORDER


         Learned advocate Mr. Harshad Patel for learned advocate
Mr. J. D. Ajmera for the petitioner under instructions seeks
permission to withdraw this petition.


         Permission as prayed for is granted. This petition is
disposed of as withdrawn. Notice is discharged. Ad-interim
relief operating in favour of the petitioner shall stand vacated.



                                                                        (NIRZAR S. DESAI,J)
SHRIJIT PILLAI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 03/02/2026 17:45:37




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