High Court of Gujarat

JAYESH BIPINBHAI SHARMAversusSTATE OF GUJARAT

Decided: 16 March 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court allowed the withdrawal of the petition and disposed of it as withdrawn.

Summary

Petitioners Jayesh Bipinbhai Sharma and another filed a special civil application challenging the measurement of the petitioner's height. The High Court, on an earlier order dated 09.03.2026, directed a competent authority to submit a report on the measurement. The report indicated no discrepancy in the height measurement. Consequently, the petitioners, through counsel Mr. Bhargav K. Chauhan, sought permission to withdraw the petition. The Court granted the withdrawal, disposed of the petition as withdrawn, discharged the notice, and ordered that the Rs.10,000 deposited by the petitioners be transferred to the Gujarat High Court Legal Services Authority, with no order as to costs.

Issues considered

What is the appropriate procedure for withdrawing a civil petition after a factual report has been submitted and found no discrepancy?

Subjects

Civil Procedure
Withdrawal of Petition
Height Measurement Dispute
Legal Services Authority

Judgment

               C/SCA/2869/2026                                                                 ORDER DATED: 16/03/2026




                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CIVIL APPLICATION NO. 2869 of 2026
      ==========================================================
                                       JAYESH BIPINBHAI SHARMA & ANR.
                                                    Versus
                                          STATE OF GUJARAT & ANR.
      ==========================================================
      Appearance:
      MR. BHARGAV K. CHAUHAN(19374) for the Petitioner(s) No. 1,2
      MS FORAM TRIVEDI AGP for the Respondent(s) No. 1,2
      ==========================================================

          CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                        Date : 16/03/2026

                                                           ORAL ORDER


      1. Pursuant to the earlier order dated 09.03.2026, the report
      has been submitted by the competent authority, and upon
      perusal of the report, learned advocate Mr.Chauhan, appearing
      for the petitioner, upon instructions, seeks permission to
      withdraw the petition as no discrepancy is found in the
      measurement of the petitioner’s height.


      2. Accordingly, the permission as prayed for is granted, and
      the present petition stands disposed of as withdrawn. Notice is
      discharged. No order as to costs.


      3. The amount of Rs.10,000/- deposited by the petitioner shall
      be disbursed in favour of the Gujarat High Court Legal Services
      Authority.
                                                                                                    (NIRZAR S. DESAI,J)
      BHAVIN MEHTA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 16/03/2026 18:36:21


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