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High Court of Gujarat

SKILLED UNSKILLED UNORGANISED WORKERS UNION EAST WEST KUTCHversusUNION OF INDIA

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

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permission to withdraw a pending petition upon a satisfactory affidavit, and therefore the petition was disposed as withdrawn.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 The court examined whether it could, at its discretion, allow a petition to be withdrawn on such an affidavit.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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