High Court of Gujarat

M/S. KALP ENTERPRISE THROUGH PROPRIETOR SHRI BHAVESHBHAI AMRUTLAL TARAVIYAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: A S SUPEHIAVAIBHAVI D NANAVATI

Holding

The Court granted permission to withdraw the writ petition, disposing it as withdrawn.

Summary

M/s Kalp Enterprise, represented by its proprietor Shri Bhaveshbhai Amrutlal Taraviya, filed a special civil writ petition before the Gujarat High Court. The petitioner sought the Court's permission to withdraw the writ petition in order to pursue an appeal before the appropriate Appellate Authority. The respondents, the State of Gujarat and others, were represented by Mr. Raj Tanna. The Court considered whether such a withdrawal could be permitted and whether the time spent on the petition could be credited towards the limitation period for the contemplated appeal. The Court granted the petitioner's request, allowing the withdrawal and ordering the petition to stand disposed as withdrawn, with the time spent to be adjusted towards limitation. No substantive merits of the original petition were addressed.

Issues considered

Whether the petitioner may be granted permission to withdraw the writ petition for the purpose of filing an appeal before the Appellate Authority

Subjects

withdrawal of writ petitionappeallimitation periodspecial civil applicationhigh court order

Judgment

       C/SCA/5564/2026                                                  ORDER DATED: 19/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 5564 of 2026

==========================================================
 M/S. KALP ENTERPRISE THROUGH PROPRIETOR SHRI BHAVESHBHAI
                     AMRUTLAL TARAVIYA
                            Versus
                   STATE OF GUJARAT & ORS.
==========================================================
Appearance:
SENIOR ADVOCATE MR DHAVAL D VYAS with APURVA K JANI(7057) for
the Petitioner(s) No. 1
PRIYAL M PARIKH(7593) for the Petitioner(s) No. 1
MR RAJ TANNA AGP for the Respondent(s) No. 1,2,3
==========================================================

  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
        and
        HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                        Date : 19/08/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)


         Learned advocate for the petitioner seeks permission to
withdraw the present writ petition, with a view to file an appeal
before the Appellate Authority.
         Permission as sought for is granted.
         Accordingly, the present writ petition stands disposed of as
withdrawn.
         The time consumed in prosecuting the matter before this
Court shall be adjusted towards limitation.
                                                                                        sd/-
                                                                               (A. S. SUPEHIA, J)


                                                                                 sd/-
                                                                  (VAIBHAVI D. NANAVATI,J)
Radhika/s-1




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RADHIKA ABHILASH(HCD0042), Steno Gr II, at High Court of Gujarat on 19/08/2026 17:09:23

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