High Court of Gujarat

KER ISHAK OSMANversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: VAIBHAVI D NANAVATI

Holding

Permission to withdraw the petition is granted.

Summary

Petitioners KER ISHAK OSMAN & Anr filed a Special Civil Application seeking permission to withdraw the petition and retain the liberty to approach a competent forum. The petitioners requested that the court allow withdrawal so that they could pursue a statutory appeal against an order dated 14-10-2025 passed by the Assistant Collector. The Court considered the petitioners' request and the implications of any subsequent appeal, noting that the earlier order should not be implemented until the limitation period expires. Accordingly, the Court granted permission to withdraw the petition. The petition was disposed of as withdrawn, with a direction that direct service is permitted.

Issues considered

Whether the petitioners may be permitted to withdraw the Special Civil Application while preserving the right to approach a competent forum.
Effect of withdrawal on the implementation of the Assistant Collector's order dated 14-10-2025 pending limitation period.

Subjects

withdrawal of petitionstatutory appeallimitation periodcivil procedurehigh court order

Judgment

         C/SCA/1639/2026                                                            ORDER DATED: 06/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO. 1639 of 2026
==========================================================
                   KER ISHAK OSMAN & ANR.
                              Versus
                  STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR HASHIM QURESHI(1097) for the Petitioner(s) No. 1,2
MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1,2
MR. JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3,4,5
==========================================================
  CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                              Date : 06/02/2026
                                                   ORAL ORDER

1.           Mr. Hasim Qureshi, learned advocate appearing for the
petitioners, seeks permission to withdraw the present petition, with
a liberty to approach the competent forum.
2.           Permission, as prayed for, to withdraw the present petition, is
granted.
3.           In the interest of justice, if the petitioners were to approach
before the competent forum by way of statutory Appeal, the order
passed by the Assistant Collector dated 14.10.2025 may not be
implemented till the period of limitation is over.
             The present petition stands disposed of, as withdrawn. Direct
service is permitted.


                                                                         (VAIBHAVI D. NANAVATI,J)
Pradhyuman

     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: PRADHYUMANSINH DILIPSINH RAHEVAR(HC01408), PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 14:58:09




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