High Court of Gujarat

AKBAR SHAHBUDDINBHAI HALANIversusSTATE OF GUJARAT

Decided: 16 March 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Disposal: 27-WITHDRAWN @ ADM.STAGE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Permission to withdraw the petition was granted, and the petition was disposed of as withdrawn without examining its merits.

Summary

Petitioner Akbar Shahbuddinbhai Halani filed a Special Civil Application seeking permission to withdraw his petition, stating that an appeal against the termination order dated 23-09-2024 had already been filed and remained undecided. The Court considered the request and directed the respondent authority to decide the pending appeal promptly. The Court granted the petitioner's request to withdraw the petition, stating that the matter's merits were not examined. Consequently, the petition was disposed of as withdrawn. No substantive merits of the original termination order were addressed.

Issues considered

Whether the Court may grant permission to withdraw a petition when an appeal on the same matter is pending

Subjects

withdrawal of petition
special civil application
appeal pending
high court procedure
permission to withdraw

Judgment

   C/SCA/3649/2026                                       ORDER DATED: 16/03/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO.                       3649 of 2026

=====================================================
             AKBAR SHAHBUDDINBHAI HALANI
                        Versus
               STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR ASHRAF R GHOGHARI(10613) for the Petitioner(s) No.
1
MS NALANDA ACHARYA ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2,3
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 16/03/2026

                              ORAL ORDER

  1. Learned         Advocate       Mr.          Saiyed,      with        Learned

    Advocate Mr. Ashraf Ghoghari appearing for the

    petitioner, upon instructions, seeks permission

    to     withdraw        this     petition,         since        the     appeal

    preferred by the petitioner against the order of

    termination            dated     23.09.2024          has      been       filed

    before the appropriate authority. The grievance

    of      the      petitioner,         as      canvassed        by      Learned

    Advocate         Mr.    Saiyed,        is     that     the     appeal          has

    remained undecided.



                                   Page 1 of 2
       C/SCA/3649/2026                                                          ORDER DATED: 16/03/2026




    2. In view of the above, the respondent authority

          is directed to decide the appeal preferred by

          the petitioner as early as possible.


    3. Permission,                     as       prayed            for,         is       granted.              The

          present               petition                 stands              disposed                of          as

          withdrawn.


    4. 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 16/03/2026 17:56:48




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