High Court of Gujarat

TALALA TALUKA ADIVASI SEVA SANGH SHRI ADIVASI ASHRAM SHALA (JAMBUR GIR)versusSTATE OF GUJARAT

Decided: 6 January 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The petition stands disposed of as withdrawn, and the Court did not examine the merits of the case.

Summary

The petitioner, Talala Taluka Adivasi Seva Sangh, filed a special civil application challenging an order dated 27‑12‑2024 passed by the State of Gujarat. Before the matter could be fully heard, that order was implemented and a subsequent order dated 12‑06‑2025 was issued. The petitioner submitted a letter dated 02‑01‑2026 seeking permission to withdraw the pending petition so that it could directly challenge the later order. The Court, after considering the request, granted permission to withdraw the petition and ordered that the petition stand disposed of as withdrawn, expressly noting that it had not examined the merits. The connected civil application for a stay was also disposed of. No substantive merits of the original challenge were addressed by the Court.

Issues considered

What procedural rules govern the withdrawal of a civil petition after an order has been implemented?
Whether the Court may entertain a fresh challenge to a subsequent order when the original petition is withdrawn

Subjects

withdrawal of petition
civil procedure
order implementation
stay application
procedural law

Judgment

           C/SCA/6581/2025                                                              ORDER DATED: 06/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO.6581 of 2025
                             With
           CIVIL APPLICATION (FOR STAY) NO.1 of 2025
        In R/SPECIAL CIVIL APPLICATION NO.6581 of 2025
   =========================================
        TALALA TALUKA ADIVASI SEVA SANGH SHRI ADIVASI ASHRAM SHALA
                                (JAMBUR GIR)
                                    Versus
                          STATE OF GUJARAT & ORS.
   =========================================
   Appearance :
   MRS NISHA M PARIKH for the Petitioner.
   MR MITUL GAUTAM, AGP for the Respondents.
   =========================================
    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                Date : 06/01/2026
                                                 ORAL ORDER
                        Learned advocate Mrs. Nisha Parikh appearing for the
   petitioner places on record a communication dated 2.1.2026
   addressed by the President of the petitioner wherein it is stated
   that by way of this petition, the petitioner has challenged the order
   dated 27.12.2024, but before the matter could be e?ectively heard,
   the aforesaid order was implemented and consequential order
   dated 12.6.2025 was passed.                                  The aforesaid letter is taken on
   record. Now, the petitioner wants to challenge the subsequent
   order dated 12.6.2025.                         Therefore, under instructions, she seeks
   permission to withdraw this petition with a view to challenge the
   subsequent order dated 12.6.2025.                                      Permission as prayed for is
   granted. The petition stands disposed of as withdrawn. It is made
   clear that this Court has not examined the merits of the case.


                        Connected civil application also stands disposed of.


                                                                                     (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 06/01/2026 17:32:05


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