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High Court of Gujarat

AKHAMBEN SOMABHAI BARIYAversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

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The court granted liberty to the petitioner to withdraw the petition, disposing it as withdrawn.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 Consequently, the petition was disposed of as withdrawn, the notice was discharged, and no order as to costs was made.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



                                     Page 1 of 2
       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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