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High Court of Gujarat

BHOGILAL SHANTILAL PATELversusTHE STATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

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counsel for the petitioner admitted that the transmission line had already been laid and requested that the petition be withdrawn as it had become infructuous.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 The Court granted permission to withdraw the petition and ordered the proceeding disposed of as withdrawn, expressly stating that it had not examined the adequacy of compensation.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  • Whether a petition may be withdrawn when the subject matter has been completed.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  • Whether the Court is required to consider the adequacy of compensation in a petition that is withdrawn.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

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




                                    Page 1 of 2
      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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