High Court of Gujarat

MAHENDRAKUMAR TRIBHOVANDAS GOKALKARversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court may allow withdrawal of a petition and vacate any interim relief without deciding the merits.

Summary

The petitioners filed a Special Civil Application seeking interim relief against the State of Gujarat. They later applied to withdraw the petition so that they could approach the Revisional Authority against the impugned order. The Court exercised its discretion to allow the withdrawal, noting that it had not examined the merits of the case. Consequently, the petition was disposed of as withdrawn and any interim relief granted was vacated. The Court indicated that the petitioners remain free to initiate appropriate proceedings before the appropriate forum.

Issues considered

Whether the Court may permit withdrawal of a petition seeking interim relief
Whether interim relief stands vacated upon withdrawal of the petition

Subjects

withdrawal of petitioninterim reliefrevisional authoritycivil proceduredisposal of application

Judgment

        C/SCA/15027/2024                                                        ORDER DATED: 30/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CIVIL APPLICATION NO. 15027 of 2024
                                With
  CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2024
          In R/SPECIAL CIVIL APPLICATION NO. 15027 of 2024
================================================================
            MAHENDRAKUMAR TRIBHOVANDAS GOKALKAR & ORS.
                              Versus
                     STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
DS AFF.NOT FILED (N) for the Respondent(s) No. 4
MR GURUSHARAN H VIRK, GOVERNMENT PLEADER WITH MS
DHARITRI PANCHOLI, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
MR DIPAN DESAI(2481) for the Respondent(s) No. 5,6
================================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 30/04/2026
                                                ORDER

          Learned counsel for the petitioners seeks permission to
withdraw this petition, with a view to enable the petitioners to
approach the Revisional Authority against the impugned order.

          Permission, as sought for, is granted. Present petition stands
disposed of, as withdraw. Notice is discharged. Interim relief, if any,
stands vacated forthwith.
          It is, however, observed that this Court has not entered into the
merits of the matter.

          It is open for the petitioners to initiate appropriate proceedings
before appropriate forum, which shall be decided by the concerned
authority in accordance with law on merits.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 16:01:02
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