High Court of Gujarat
SKILLED UNSKILLED UNORGANISED WORKERS UNION EAST WEST KUTCHversusUNION OF INDIA
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court may, at its discretion, grant permission to withdraw a pending petition upon a satisfactory affidavit, and therefore the petition was disposed as withdrawn.
Summary
The Skilled Unskilled Unorganised Workers Union East West Kutch filed a special civil petition against the Union of India and others. During the hearing, counsel for the petitioner submitted an affidavit by the union’s General Secretary seeking to withdraw the petition. The court examined whether it could, at its discretion, allow a petition to be withdrawn on such an affidavit. It held that a party may withdraw a pending petition with the court’s permission and that an affidavit evidencing the petitioner’s intention is sufficient. Accordingly, the court granted the withdrawal, discharged the notice, ordered no costs, and disposed of the related civil application for joining party in the same manner.
Issues considered
- Whether the High Court may grant permission to withdraw a pending petition.
- Whether an affidavit by a union official suffices to effect withdrawal of the petition.
Subjects
- withdrawal of petition
- civil procedure
- high court order
- special civil application
- costs
Judgment
C/SCA/16394/2021 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16394 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 16394 of 2021
==========================================================
SKILLED UNSKILLED UNORGANISED WORKERS UNION EAST WEST
KUTCH
Versus
UNION OF INDIA & ORS.
==========================================================
Appearance:
KARAN G SANGHANI(7945) for the Petitioner(s) No. 1
MR AMAN A SAMA(11691) for the Petitioner(s) No. 1
ADVOCATE NOTICE NOT RECD BACK for the Respondent(s) No. 2
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
MR YOGI K GADHIA(5913) for the Respondent(s) No. 3
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/07/2026
ORDER
Learned advocate Mr. Aman A. Sama, under instructions,
seeks permission to withdraw the present petition. He places
on record an affidavit affirmed by Mr. Veljibhai K. Jat, the
General Secretary of the petitioner Union. The said affidavit is
taken on record. Permission, as prayed for, is granted. In view
of the contents of the said affidavit and as desired by the
petitioner, the present petition stands disposed of as
withdrawn. Notice discharged. No order as to Costs.
In view of the disposal of the main petition as
withdrawn, the present Civil Application stands disposed of
accordingly.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 27/07/2026 17:29:01
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