High Court of Gujarat

ASHWINBHAI B.DAMORversusTHE AHMEDABAD MUNICIPAL CORPORATION

Decided: 26 February 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

Permission to withdraw the petition was granted, and the petition was disposed of as withdrawn.

Summary

Ashwinbhai B. Damor filed a Special Civil Application before the Gujarat High Court against the Ahmedabad Municipal Corporation. The petitioner, through counsel Mr. K.M. Antani, sought permission to withdraw the petition, stating that he had already pursued an alternative remedy by filing a departmental appeal. The Court considered whether it could grant such permission without examining the merits of the case. Justice Nirzar S. Desai allowed the withdrawal, directing the registry to accept the respondent's advocate’s vakalatnama. The petition was consequently disposed of as withdrawn, with the Court noting that the withdrawal would not prejudice the petitioner’s departmental appeal.

Issues considered

Whether the Court may grant permission to withdraw a civil petition when the petitioner has an alternative remedy.

Subjects

withdrawal of petition
alternative remedy
departmental appeal
civil procedure
high court order

Judgment

          C/SCA/2605/2026                                                             ORDER DATED: 26/02/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO.2605 of 2026

 ==========================================================
                                ASHWINBHAI B.DAMOR
                                       Versus
                        THE AHMEDABAD MUNICIPAL CORPORATION
 ==========================================================
 Appearance :
 MR. KM ANTANI for the Petitioner.
 MR ANUJ K TRIVEDI for the Respondent.
 =========================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                               Date : 26/02/2026
                                                ORAL ORDER


                       Registry is directed to accept the Vakalatnama of
 learned advocate Mr. Hamesh Naidu for the respondent.


                       Learned advocate Mr. Antani, under instructions, seeks
 permission to withdraw this petition in view of the fact that the
 petitioner has already availed an alternative remedy of preferring a
 departmental appeal.                        Permission as prayed for is granted.                                      The
 petition stands disposed of as withdrawn.                                              This Court has not
 examined the merits of the matter and the present withdrawal shall
 not come in the way of the petitioner in getting his appeal
 considered on merits by the department.


                                                                                    (NIRZAR S. DESAI,J)


 SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 26/02/2026 15:44:51




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