High Court of Gujarat

AMBALAL RATILAL PATELversusSTATE OF GUJARAT

Decided: 30 July 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ANIRUDDHA P MAYEE

Holding

The petition is dismissed as withdrawn, with liberty to raise the contentions in appropriate proceedings.

Summary

Ambalal Ratilal Patel filed a Special Civil Application before the Gujarat High Court. Counsel for the petitioner, Mr. Denish Morakhia, informed the court that the petitioner wished to withdraw the petition because a final order had already been passed in the pending related proceedings. The petitioner also sought liberty to keep the issues raised in the writ petition open for agitating in appropriate proceedings. The court examined whether it could permit such a withdrawal and dismiss the petition while preserving the contentions for future litigation. It granted permission to withdraw, dismissed the petition as withdrawn, discharged the notice, and allowed the contentions to be raised in suitable proceedings.

Issues considered

Whether a petition can be withdrawn after a final order has been passed in the related pending proceedings
Whether the court may keep the contentions raised in the withdrawn petition open for agitating in appropriate proceedings

Subjects

withdrawal of petition
writ petition
High Court
procedural law
civil application
notice discharged

Judgment

      C/SCA/16180/2024                                                   ORDER DATED: 30/07/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 16180 of 2024
================================================================
                                 AMBALAL RATILAL PATEL
                                         Versus
                                STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR HRIDAY BUCH(2372) for the Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
35,36,37,38,39,4,41,42,43,44,45,46,47,48,49,5,50,51,52,53,55,56,57,58,59,6,
62,63,65,66,67,68,7,70,71,73,74,75,77,78,79,8,80,81,82,83,84,85,86,87,88,8
9,9,91,92,94,95,96,97,98
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2
MR PM DAVE(263) for the Respondent(s) No.
34,40,54,60,61,64,69,72,76,90,93
VISHAL K ANANDJIWALA(7798) for the Respondent(s) No.
34,40,54,60,61,64,69,72,76,90,93
================================================================
  CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                        Date : 30/07/2026
                                         ORAL ORDER

        Learned counsel Mr.Denish Morakhia submits that he has
received instructions to withdraw the present petition since the final
order has been passed in the pending proceedings. He submits that
all the contentions raised the present writ petition may be kept open
to be agitated in appropriate proceedings.

        Permission is granted with the aforesaid liberty. The present
petition stands dismissed as withdrawn. Notice is discharged. All the
contentions raised in the present writ petition are kept open to be
agitated in appropriate proceedings.


                                                                            Sd/-
                                                                  (ANIRUDDHA P. MAYEE, J.)
ABHISHEK/194
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 30/07/2026 14:40:03




                                               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.