High Court of Gujarat
BALABHAI RAJABHAI SHAMDAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
Permission to withdraw the petition is granted, with the petitioner’s rights and contentions kept open and the withdrawal not affecting the merits of the ongoing inquiry.
Summary
The petitioner, Balabhai Rajabhai Shamda, filed a special civil application seeking permission to withdraw the petition while reserving the right to challenge the final order if the inquiry report is adverse or a penalty is imposed. The petitioner’s counsel requested the court’s permission for withdrawal at this stage. The court considered whether such withdrawal could be allowed without prejudice to the petitioner’s substantive rights. The court granted the permission, stating that the petition stands disposed of as withdrawn, but all rights and contentions of the petitioner remain open and the withdrawal does not affect the merits of the ongoing inquiry. Consequently, the petition was dismissed as withdrawn, preserving the petitioner’s ability to contest any adverse findings later.
Issues considered
- Whether the petitioner may withdraw the petition while reserving the right to challenge the final order of the inquiry
Subjects
- withdrawal of petition
- rights preserved
- civil application
- inquiry proceedings
- court order
Judgment
C/SCA/4974/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4974 of 2026
==========================================================
BALABHAI RAJABHAI SHAMDA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
KRISHNAN M GHAVARIYA(8133) for the Petitioner(s) No. 1
MS NALANDA ACHARYA AGP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/04/2026
ORAL ORDER
Learned advocate for the petitioner, under instructions,
seeks permission to withdraw the present petition at this stage
However, he reserves the liberty to challenge the final order,
in case if the inquiry report is adverse to the petitioner or any
penalty is imposed.
Permission, as prayed for, is granted with the aforesaid
liberty. Accordingly, the present petition stands disposed of as
withdrawn.
It is clarified that all rights and contentions of the
petitioner are kept open. It is further clarified that withdrawal
of the present petition shall not affect the merits of the
ongoing inquiry.
(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 09/04/2026 17:49:54
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.