High Court of Gujarat

VINUBHAI MANGALDAS CHAUHANversusTHE COLLECTOR - AHMEDABAD

Decided: 3 July 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The High Court may, at the petitioner's request, grant permission to withdraw a pending petition without examining its merits.

Summary

The petitioners, Vinubhai Mangaldas Chauhan & others, applied to the Gujarat High Court seeking permission to withdraw their special civil application so that they could file a Public Interest Litigation instead. The sole question before the court was whether it could grant such a withdrawal request. The court, exercising its inherent discretion, allowed the withdrawal, noting that it would not be examining the merits of the original petition. Consequently, the petition was marked as withdrawn and disposed of. No substantive issues of law or fact were addressed.

Issues considered

Whether the High Court may permit a petitioner to withdraw a pending civil application in order to file a Public Interest Litigation

Subjects

withdrawal of petition
public interest litigation
court discretion
civil procedure
high court order

Judgment

        C/SCA/3132/2026                                                          ORDER DATED: 03/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO.                                         3132 of 2026

=====================================================
          VINUBHAI MANGALDAS CHAUHAN & ORS.
                         Versus
           THE COLLECTOR - AHMEDABAD & ORS.
=====================================================
Appearance:
MR PARTHIV A BHATT(5331) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,2
6,27,28,29,3,30,31,32,33,4,5,6,7,8,9
MR ANGESH PANCHAL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2,4
=====================================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                        Date : 03/07/2026

                                                     ORDER

     1. Learned               advocate             Mr.        Parthiv            Bhatt,           appearing

          for        the       petitioners,                   upon        instructions,                    seeks

          permission to withdraw the present petition with

          a view to file a Public Interest Litigation.


     2. Permission,                       as         prayed              for,            is         granted.

          Accordingly,                      the          present                petition                 stands

          disposed of as withdrawn. It is clarified that

          this Court has not examined the merits of the

          matter.

                                                                            (NIRZAR S. DESAI,J)
Pallavi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 03/07/2026 18:03:49


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