High Court of Gujarat

L.H. OF DECD. DAYALBHAI G. CHATURANI ASHWINBHAI DAYALBHAI CHATURANIversusSTATE OF GUJARAT

Decided: 9 June 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

Permission to withdraw the petition was granted, and the petition was disposed of without examination of its merits.

Summary

The petitioner, L.H. of Decd. Dayalbhai G. Chaturani, filed a Special Civil Application seeking relief against the State of Gujarat and others. The petitioner later requested to withdraw the petition, citing that the relevant tribunal had been constituted and an alternative remedy was available. The learned counsel for the petitioner argued that withdrawal should be permitted under these circumstances. The Court, after noting the existence of the tribunal and the alternative remedy, granted permission to withdraw the petition. The order expressly states that the merits of the case were not examined and the petition was disposed of as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a Special Civil Application when a tribunal is constituted and an alternative remedy exists

Subjects

withdrawal of petition
special civil application
alternative remedy
tribunal
procedural order

Judgment

            C/SCA/4785/2026                                                             ORDER DATED: 09/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SPECIAL CIVIL APPLICATION NO. 4785 of 2026

   ==========================================================
       L.H. OF DECD. DAYALBHAI G. CHATURANI ASHWINBHAI DAYALBHAI
                                CHATURANI
                                   Versus
                         STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   MR MEET V JANI(13101) for the Petitioner(s) No. 1
   MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1
   MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 3,4
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                   Date : 09/06/2026

                                                     ORAL ORDER
              Learned advocate Mr.Meet V. Jani states that in view of
   the fact that now the Tribunal is constituted and, as the
   petitioner             has         alternative              remedy             available,             under           the
   instruction, he may be permitted to withdraw this petition.
              Permission, as prayed for, is granted. Accordingly,
   present petition is disposed of as withdrawn. It is clarified that
   this Court has not examined the merits of the matter.


                                                                                            (NIRZAR S. DESAI,J)
   R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:10:02




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