High Court of Gujarat
AKHAMBEN SOMABHAI BARIYAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court granted liberty to the petitioner to withdraw the petition, disposing it as withdrawn.
Summary
The petitioner, Akhamben Somabhai Bariya, filed a Special Civil Application seeking redress of grievances against the State of Gujarat and others. After most grievances were resolved, the petitioner’s counsel requested permission to withdraw the petition, noting uncertainty about any remaining grievance. The court considered whether it could grant liberty to withdraw the petition in the absence of specific instructions on any surviving grievance. It held that the petitioner may be allowed to withdraw the application. Consequently, the petition was disposed of as withdrawn, the notice was discharged, and no order as to costs was made.
Issues considered
- Whether the petitioner may be granted liberty to withdraw the Special Civil Application?
Subjects
- withdrawal of petition
- special civil application
- court order
- costs
- disposal
Judgment
C/SCA/9155/2025 ORDER DATED: 16/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9155 of 2025
=====================================================
AKHAMBEN SOMABHAI BARIYA
Versus
STATE OF GUJARAT & ORS.
=====================================================
Appearance:
NIDHI K TRIVEDI(9003) for the Petitioner(s) No. 1
MS DEVANSHI PATEL ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2,4
NOTICE SERVED for the Respondent(s) No. 3
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 16/03/2026
ORAL ORDER
1. Learned Advocate Mr. Dipak Dave, appearing for
Learned Advocate Ms. Nidhi K. Trivedi for the
petitioner, upon instructions, seeks permission
to withdraw the present petition in view of the
fact that most of the grievances of the
petitioner have been redressed. However, he
states that as he could not obtain specific
instructions from the petitioner regarding which
grievance still survives, liberty may be
reserved for the petitioner to file a fresh
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C/SCA/9155/2025 ORDER DATED: 16/03/2026
petition for the grievance which, according to
the petitioner, has still not been redressed.
2. Liberty as prayed for is granted. The present
petition stands disposed of as withdrawn. Notice
discharged. No order as to costs.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 18:02:25
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