High Court of Gujarat

HARDIK VIJAYVARGI S/O NANDKISHOR MOHANLAL VIJAYVARGIversusSTATE OF GUJARAT

Decided: 29 January 2026
Disposal: 40-WITHDRAWN @ FH
Bench: NIRZAR S DESAI

Holding

The Court allowed the withdrawal of the petition and granted liberty to file a fresh petition, without examining the merits.

Summary

Petitioner Hardik Vijayvari, through counsel Albin Kurian, sought the Court's permission to withdraw the Special Civil Application No.15242 of 2025 and to be allowed to file a fresh petition with the same reliefs. The Court, after hearing the counsel, granted the request, stating that the petition stands withdrawn and the rule is discharged. It was expressly clarified that the Court did not examine the merits of the underlying dispute. No substantive issues were adjudicated, and the order is purely procedural. Consequently, the present petition is disposed of as withdrawn.

Issues considered

Whether the High Court may permit a petitioner to withdraw a pending special civil application and grant liberty to file a fresh petition.

Subjects

withdrawal of petition
fresh petition
procedural law
special civil application
court order

Judgment

          C/SCA/15242/2025                                                              ORDER DATED: 29/01/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO.15242 of 2025

  ==========================================================
         HARDIK VIJAYVARGI S/O NANDKISHOR MOHANLAL VIJAYVARGI
                                  Versus
                        STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance :
  MR.ALBIN KURIAN for the Petitioner.
  MR HENIL SHAH, AGP for the Respondent No.1.
  MR MEET A SHAH FOR MR AD OZA for the Respondent No.2.
  RULE SERVED BY DS for the Respondent No.3.
  =========================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                Date : 29/01/2026
                                                 ORAL ORDER


                        Learned advocate appearing for the petitioner, upon
  instructions, seeks permission to withdraw the present petition
  with a liberty to file fresh petition with the same prayers.
  Permission as prayed for is granted. The present petition stands
  disposed of as withdrawn. Rule is discharged. It is clarified 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 29/01/2026 15:26:31




                                                         Page 1 of 1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.