High Court of Gujarat

PATEL REKHABEN DALABHAIversusTHE STATE OF GUJARAT

Decided: 12 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petition and disposed of it without adjudicating the merits.

Summary

The petitioners, Patel Rekhaben Dalabhai & ors., filed a Special Civil Application seeking relief against the State of Gujarat. They later approached the Court, through counsel, requesting permission to withdraw the petition without challenging the State Government's decision dated 04.03.2025. The issue before the Court was whether such a withdrawal could be permitted at this stage. The Court, noting that the petitioners did not intend to contest the substantive merits, granted the request and clarified that it would not examine the merits of the case. Consequently, the petition was disposed of as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a Special Civil Application at the pleading stage without deciding its merits

Subjects

withdrawal of petition
civil procedure
special civil application
court order
procedural law

Judgment

       C/SCA/2546/2025                                                  ORDER DATED: 12/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 2546 of 2025

==========================================================
                         PATEL REKHABEN DALABHAI & ORS.
                                      Versus
                           THE STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3,4
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3,4
MR G H VIRK, GOVERNMENT PLEADER with
MS DHARITRI PANCHOLI, AGP with
MR VISHVESH PUJARA, AGP for the Respondent(s) No. 1,2,4,6
MR UM SHASTRI(830) for the Respondent(s) No. 3
==========================================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                        Date : 12/02/2026

                                           ORAL ORDER


         Learned          advocate          Mr.       B.      M.      Mangukiya             for      the
petitioners under instructions does not press this petition at
this stage with a view to challenge the decision dated
04.03.2025 taken by the State Government. He therefore seeks
permission to withdraw this petition.


         Permission as prayed for is granted. This petition is
disposed of as withdrawn. It is clarified that this Court has not
gone into the merits of the matter.

                                                                       (NIRZAR S. DESAI,J)
SHRIJIT PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 18:00:20




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