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High Court of Gujarat

JETHABHAI RAMBHAI BARAIYAversusPUBLIC INFORMATION OFFICER

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court permitted the petitioner to withdraw the Special Civil Application, dismissing it as withdrawn.

Summary

The petitioner, Jethabhai Rambhai Baraiya, filed a Special Civil Application before the Gujarat High Court against the Public Information Officer. The petitioner later sought to withdraw the application, indicating an intention to pursue relief under the Right to Information Act, 2005 before the State Information Commissioner. The petitioner’s counsel, Ms. Alka B. Vaniya, requested permission to withdraw the pending suit. The Court considered whether the petitioner could be allowed to abandon the present proceedings in favor of an RTI remedy. Finding no impediment, the Court granted liberty to withdraw the application. Consequently, the Special Civil Application was dismissed as withdrawn.

Issues considered

  • Whether the petitioner may withdraw the Special Civil Application and seek remedy under the Right to Information Act, 2005

Legislation cited

Subjects

  • Right to Information
  • withdrawal of suit
  • Special Civil Application
  • Gujarat High Court

Judgment

         C/SCA/16480/2025                                                                   ORDER DATED: 22/01/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 16480 of 2025

 ==========================================================
                                 JETHABHAI RAMBHAI BARAIYA
                                            Versus
                              PUBLIC INFORMATION OFFICER & ANR.
 ==========================================================
 Appearance:
 MS. ALKA B VANIYA(6945) for the Petitioner(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                    Date : 22/01/2026

                                                      ORAL ORDER


            After some submissions, learned advocate for the petitioner
 submits that she will initiate appropriate proceedings under the
 Right to Information Act, 2005 before the State Information
 Commissioner. She submits that she may be permitted to
 withdraw the present Special Civil Application with the aforesaid
 liberty.
            Permission is granted with the aforesaid liberty.
            The present Special Civil Application is dismissed as
 withdrawn.

                                                                                   (ANIRUDDHA P. MAYEE, J.)
 KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/01/2026 14:31:31




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