High Court of Gujarat

DHAVAL KANUBHAI THAKKARversusSTATE OF GUJARAT

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition was dismissed as infructuous, and the Court did not consider the merits of the case.

Summary

The petitioner, Dhaval Kanubhai Thakkar, filed a Special Civil Application before the Gujarat High Court against the State of Gujarat and others, seeking relief. The petitioner’s counsel informed the Court that the grievance had been resolved because the respondent authority had issued an authorization certificate in the petitioner’s favour. Consequently, the petitioner argued that the petition had become infructuous. The Court accepted this submission, held that there was no longer any live dispute, and disposed of the petition as infructuous without examining the merits. Any interim relief previously granted was vacated, and the notice was discharged.

Issues considered

Whether the petition remains maintainable after the issuance of an authorization certificate to the petitioner
Whether the Court should dismiss the petition as infructuous without addressing the merits

Subjects

infructuous petitioninterim reliefauthorization certificatecivil procedurespecial civil application

Judgment

        C/SCA/17781/2023                                                         ORDER DATED: 06/05/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 17781 of 2023

================================================================
                                  DHAVAL KANUBHAI THAKKAR
                                            Versus
                                   STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR RAMKRISHNA B DAVE(3404) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3
================================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                             Date : 06/05/2026

                                                    ORDER


          Learned counsel Mr. Dave, appearing on behalf of the
petitioner, has submitted that the grievance raised in the present
petition does not survive any longer as the concerned respondent
authority has issued the authorization certificate in favour of the
petitioner and therefore, present petition has become infructuous.


          In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged. Interim relief, if any, stands
vacated forthwith.


          It is, however, observed that this Court has not entered into the
merits of the matter.

                                                                    (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 14:46:13

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