HITESHKUMAR VITTHALBHAI PAREKHversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The petition is allowed to be withdrawn with liberty to file a departmental appeal, and the appellate authority is directed to give a set‑off of the time spent in the present litigation.
Summary
The petitioner, Hitesh Kumar Vitthalbhai Parekh, filed a special civil application seeking to withdraw his petition challenging a suspension order and to obtain a set‑off of the time spent in the present litigation when filing a departmental appeal. The petitioner’s counsel requested that the court allow withdrawal without prejudice to filing the appeal, while the respondents had no objection. The court found the request reasonable, permitted the withdrawal, and directed the appellate authority to grant the time set‑off. The court expressly noted that it did not examine the merits of the suspension. Consequently, the petition was disposed of as withdrawn, with liberty granted to the petitioner to file a departmental appeal.
Issues considered
- Whether the petitioner may withdraw the special civil application and retain the right to file a departmental appeal challenging the suspension order.
- Whether the appellate authority should be directed to give a set‑off of the time spent in the present litigation when registering the appeal.
Subjects
Judgment
C/SCA/2292/2026 ORDER DATED: 03/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2292 of 2026
=============================================
HITESHKUMAR VITTHALBHAI PAREKH
Versus
STATE OF GUJARAT & ANR.
=============================================
Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 03/03/2026
ORAL ORDER
1. Heard Mr.U.T.Mishra, learned advocate for the
petitioner, Mr. Henil Shah, learned AGP appearing for the
respondent-State and Mr.H.S.Munshaw, learned advocate for
respondent No. 2.
2. Mr. Mishra, learned advocate for the petitioner, under
the instructions of his client, does not press the present
petition with a view to avail of an alternative remedy of ;ling
a departmental appeal against the order of suspension
impugned in this petition. Mr. Mishra, learned advocate for
the petitioner, would request this Court that the time
consumed in this matter may be given set-o> by the appellate
authority.
3. Per contra, the learned advocates for the respondents
would have no objection if the request of the petitioner is
accepted by this Court.
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C/SCA/2292/2026 ORDER DATED: 03/03/2026
4. Having heard learned advocates for the respective
parties and considering that the request made by the learned
advocate for the petitioner appears reasonable and requires
acceptance, the present petition is permitted to be withdrawn
by the petitioner with liberty to ;le a departmental appeal
challenging the order of suspension impugned in this petition.
The appellate authority is directed to give set-o> of the time
spent by the petitioner in the present litigation when
registering the appeal on its record.
5. It is made clear that this Court has neither gone into nor
examined the merits of the matter.
6. In view of the aforesaid, the present petition is disposed
of, as withdrawn, albeit with the aforesaid liberty reserved in
favour of the petitioner.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 03/03/2026 17:47:49
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