High Court of Gujarat

SUNILKUMAR NATHUJI THAKORversusSTATE OF GUJARAT

Decided: 2 April 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petition and dismissed it as withdrawn.

Summary

Sunilkumar Nathuji Thakor filed a Special Civil Application before the Gujarat High Court against the State of Gujarat and other respondents. The petitioner, through counsel Mr. Prabhakar Upadyay, sought the Court's permission to withdraw the petition so that the dispute could be pursued as an industrial matter before the Labour Court. The Court considered whether it could grant such permission without examining the merits of the case. It held that the petition could be withdrawn upon the petitioner's request. Consequently, the Court dismissed the petition as withdrawn, expressly noting that no merits were examined.

Issues considered

Whether the High Court may grant permission to withdraw a Special Civil Application at the petitioner's request.

Subjects

withdrawal of petition
industrial dispute
labour court
special civil application
high court order

Judgment

          C/SCA/4533/2026                                                              ORDER DATED: 02/04/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO.4533 of 2026

  ==========================================================
                                    SUNILKUMAR NATHUJI THAKOR
                                              Versus
                                     STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance :
  MR PRABHAKAR UPADYAY for the Petitioner.
  MR MITUL GAUTAM, AGP for the Respondent No.1.
  MS ARCHANA R ACHARYA for the Respondent Nos.2,3,4
  =========================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                Date : 02/04/2026
                                                 ORAL ORDER


                        Learned advocate Ms. Archana Acharya appears for
  respondent Nos.2 to 4. Registry to accept her Vakalatnama.


                        Learned advocate Mr. Prabhakar Upadyay, under
  instructions, seeks permission to withdraw this petition with a view
  to raise an industrial dispute by approaching the Labour Court.
  Permission as prayed for is granted. The present petition stands
  dismissed as withdrawn.                            It is clarified that this Court has not
  examined the merits of the case.

                                                                                    (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 02/04/2026 14:51:44




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