High Court of Gujarat
MAYUR NARAYANDAS ZAWARversusV.J. BHANDARI
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- HEMANT M PRACHCHHAK
Holding
A petition challenging a notice is rendered infructuous and must be disposed of when the notice is withdrawn by the issuing authority.
Summary
The petitioner, Mayur Narayandas Zawar, filed a special civil application challenging a notice dated 29 October 2025 issued by the Conciliation Officer, Surat. The respondent, V.J. Bhandari & Ors., through Assistant Government Pleader Mr. Nikunj Kanara, submitted a communication dated 12 March 2026 stating that the Conciliation Officer had withdrawn the said notice. The court examined whether the petition remained maintainable after the withdrawal of the notice. It held that the withdrawal rendered the petition infructuous, as there was no longer any operative notice to be contested. Consequently, the court ordered the petition to be disposed of as infructuous and discharged the notice. The communication of withdrawal was ordered to be taken on record.
Issues considered
- Whether a petition challenging a notice becomes infructuous upon the withdrawal of that notice by the issuing authority
Subjects
- civil procedure
- notice withdrawal
- infructuous petition
- conciliation officer
- petition disposal
Judgment
C/SCA/18143/2025 ORDER DATED: 16/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18143 of 2025
================================================================
MAYUR NARAYANDAS ZAWAR
Versus
V.J. BHANDARI & ORS.
================================================================
Appearance:
MR. ZAMIR Z SHAIKH(6857) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3,4
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 16/03/2026
ORDER
Today, learned Assistant Government Pleader Mr. Nikunj Kanara
has tendered communication dated 12.03.2026 addressed by the
respondent No.2 – Conciliation O'cer, Surat and submits that the
respondent authority has withdrawn the notice dated 29.10.2025,
which is under challenge in the present petition and therefore, the
present petition has become infructuous.
In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged. The communication dated
12.03.2026 is ordered to be taken on record.
(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 16/03/2026 18:39:55
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.