High Court of Gujarat
BHOGILAL SHANTILAL PATELversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court allowed the withdrawal of the petition and disposed of it without addressing the compensation claim.
Summary
Bhogilal Shantilal Patel filed a Special Civil Application before the Gujarat High Court challenging the laying of a transmission line and seeking compensation. During the hearing, counsel for the petitioner admitted that the transmission line had already been laid and requested that the petition be withdrawn as it had become infructuous. The petitioner further indicated an intention to file a separate application under Section 16 of the Indian Telegraph Act, 1885, and asked that his rights and contentions remain open. The Court granted permission to withdraw the petition and ordered the proceeding disposed of as withdrawn, expressly stating that it had not examined the adequacy of compensation. Consequently, no merits of the compensation claim were decided.
Issues considered
- Whether a petition may be withdrawn when the subject matter has been completed.
- Whether the petitioner’s rights and contentions can be preserved for a future application under Section 16 of the Indian Telegraph Act, 1885.
- Whether the Court is required to consider the adequacy of compensation in a petition that is withdrawn.
Legislation cited
- Indian Telegraph Act, 1885 — s. 16
Subjects
- withdrawal of petition
- transmission line
- compensation
- Indian Telegraph Act
- Section 16
- Special Civil Application
- Gujarat High Court
Judgment
C/SCA/15832/2025 ORDER DATED: 10/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15832 of 2025
=====================================================
BHOGILAL SHANTILAL PATEL
Versus
THE STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR ABHISHEK R SHARMA(10751) for the Petitioner(s) No.
1
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1
MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,6
MR SP HASURKAR(345) for the Respondent(s) No. 2,3,4,5
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 10/08/2026
ORDER
1. Learned advocate Mr. Abhishek Sharma, appearing
for learned advocate Mr. Vimal Purohit for the
petitioner, upon instructions, states that he is
not in a position to dispute the fact that the
transmission line has already been laid. Hence,
he seeks permission to withdraw the present
petition, as the same has become infructuous.
However, learned advocate Mr. Abhishek Sharma
states that this Court may observe that all
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C/SCA/15832/2025 ORDER DATED: 10/08/2026
rights and contentions of both the parties are
kept open, as the petitioner intends to file an
application under Section 16 of the Indian
Telegraph Act, 1885.
2. Permission, as prayed for, is granted. The
present petition stands disposed of as
withdrawn.
3. It is clarified that this Court has not gone
into the aspect of adequacy of compensation.
(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 10/08/2026 18:00:58
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