High Court of Gujarat

V R SHAH SMRUTI ADARSH PRATHAMIKSHALAversusSTATE OF GUJARAT

Decided: 11 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The High Court may permit withdrawal of a petition without examining its merits, provided the parties' rights remain open.

Summary

The petitioners filed Special Civil Application No.8651 of 2016 seeking permission to withdraw the petition in order to pursue an alternative remedy. The petitioners, represented by Mr. Kunal S. Shah, requested the court's leave to withdraw, while the respondents opposed the withdrawal. The court examined whether it could grant such permission without prejudice to the parties. It held that the petition could be withdrawn as the petitioners were free to seek other remedies and no rights were extinguished. Consequently, the petition was disposed of as withdrawn, with no order as to costs and the merits were not examined.

Issues considered

Whether the High Court may grant permission to withdraw a Special Civil Application without examining its merits

Subjects

withdrawal of petition
special civil application
alternative remedy
court order
costs

Judgment

          C/SCA/8651/2016                                                             ORDER DATED: 11/08/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO.8651 of 2016

 =========================================
                   V R SHAH SMRUTI ADARSH PRATHAMIKSHALA & ANR.
                                       Versus
                              STATE OF GUJARAT & ORS.
 =========================================
 Appearance :
 MR KUNAL S SHAH for the Petitioners.
 MR NIKUNJ KANARA, AGP for the Respondent No.1.
 MS MAMTA R VYAS for the Respondent No.3.
 NOTICE SERVED BY DS for the Respondent Nos.10,2,4,5,6,7,8,9
 =========================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                               Date : 11/08/2026
                                                    ORDER

                       Learned advocate Mr. Kunal Shah appearing for the
 petitioners, under instructions, seeks permission to withdraw this
 petition with a view to avail alternative remedy available to the
 petitioner.             Permission as prayed for is granted.                                         The petition
 stands disposed of as withdrawn. Notice is discharged. No order
 as to costs.              It is clari>ed that this Court has not examined the
 merits of the case and all the rights and contentions of all the
 parties are kept open.
                                                                                    (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 11/08/2026 17:36:18




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