High Court of Gujarat

SMT BHARTIBEN SAJAYBHAI PARVADIYAversusSTATE OF GUJARAT

Decided: 8 June 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petitions and disposed of them as withdrawn.

Summary

The petitioners, Shantaben Khushalbhai Makwana and others, filed two Special Civil Applications before the Gujarat High Court seeking permission to withdraw the suits and approach the Tribunal. They were represented by Mr. Baiju Joshi and Mr. Dhruv D. Chaliyalawa. The respondents, the State of Gujarat and others, were represented by Government Leader Mr. Gursharansingh H. Virk, Ms. Dharitir Pancholi, AGP, and Mr. Vishvesh Pujara, AGP. The sole issue before the Court was whether the petitioners could be allowed to withdraw their applications. Justice Nirzar S. Desai, after hearing the counsel, granted the petitioners' request, stating that the Court had not examined the merits of the matters. Consequently, both applications were disposed of as withdrawn.

Issues considered

Whether the High Court may grant permission to withdraw pending Special Civil Applications.

Subjects

withdrawal of petition
special civil application
procedural law
High Court
permission to withdraw

Judgment

           C/SCA/7866/2026                                                              ORDER DATED: 08/06/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/SPECIAL CIVIL APPLICATION NO. 7866 of 2026
                                          With
                      R/SPECIAL CIVIL APPLICATION NO. 7879 of 2026
   ==========================================================
                        SHANTABEN KHUSHALBHAI MAKWANA & ORS.
                                        Versus
                               STATE OF GUJARAT & ORS.
   ==========================================================
   Appearance:
   MR BAIJU JOSHI(1207) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
   MR. DHRUV D CHALIYAWALA(14081) for the Petitioner(s) No.
   1,10,2,3,4,5,6,7,8,9
   MR GURSHARANSINGH H. VIRK, GOVERNMENT PLEADER assisted by
   MS DHARITIR PANCHOLI, AGP & MR VISHVESH PUJARA, AGP for the
   Respondent(s) No. 1,2,3,4
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                  Date : 08/06/2026

                                                     ORAL ORDER
             Mr.Dhuv              D.      Chaliyawala,                learned            advocate              for      the
   petitioners, under instruction, seeks permission to withdraw
   both these petitions with a view to approach the Tribunal.
             Permission, as prayed for, is granted. Both these petitions
   are disposed of as withdrawn. It is clarified that this Court has
   not gone into 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 10:30:09




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