High Court of Gujarat

YOGESHBHAI MANIBHAI PATELversusSTATE OF GUJARAT

Decided: 9 January 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The court held that it may grant permission to withdraw the petition, and therefore disposed the petition as withdrawn.

Summary

The petitioner, Yogeshbhai Manibhai Patel, filed Special Civil Application No. 19924 of 2023 before the High Court of Gujarat. On 7 January 2026, the petitioner communicated a request to withdraw the petition. The petitioner’s counsel, Mr. Kadiwala, sought the court’s permission to effect the withdrawal. The court considered whether it could grant such permission. It held that the court may allow a petition to be withdrawn upon the petitioner’s request. Accordingly, the petition was disposed of as withdrawn, with no order as to costs.

Issues considered

Whether the High Court may grant permission to withdraw a Special Civil Application upon the petitioner’s request?

Subjects

withdrawal of petition
special civil application
procedural law
High Court of Gujarat
court discretion

Judgment

      C/SCA/19924/2023                                                    ORDER DATED: 09/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 19924 of 2023

==========================================================
                              YOGESHBHAI MANIBHAI PATEL
                                        Versus
                               STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MOHAMMEDASAD M KADIWALA(12733) for the Petitioner(s) No. 1
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
MR HENIL SHAH AGP for the Respondent(s) No.1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                         Date : 09/01/2026

                                           ORAL ORDER


1.        Learned Advocate, Mr. Kadiwala, appearing for learned
Advocate, Mr. Vyas, for the petitioner produced on record a
communication                  dated          07.01.2026,              received           from        the
petitioner - Mr. Y.M. Patel, whereby, the petitioner has
requested to withdraw this petition and therefore, learned
Advocate, Mr. Kadiwala, under the instructions, sought
permission to withdraw this petition.


2.        Heard. Permission, as prayed for, is granted. This
petition stands disposed of, as withdrawn. Notice is
discharged. No order as to costs.


                                                                             (NIRZAR S. DESAI,J)
UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 09/01/2026 17:20:20




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