High Court of Gujarat

DINESHBHAI LADUJI VANZARAversusSTATE OF GUJARAT

Decided: 6 April 2026
Disposal: 40-WITHDRAWN @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that a petition may be withdrawn when the cause of action becomes infructuous, and therefore granted permission to withdraw.

Summary

The petitioner, Dineshbhai Laduji Vanzara, filed a special civil application challenging a notice issued by Respondent No.2. Counsel for the petitioner argued that, due to the passage of time, the matter had become infructuous and therefore sought the Court’s permission to withdraw the petition. The Court considered whether a petition may be withdrawn on the ground of infructuity. It held that the petition could indeed be withdrawn as the cause of action was no longer viable. Accordingly, the Court granted permission to withdraw, disposed the petition as withdrawn, discharged the rule, and ordered no costs.

Issues considered

Whether the petition may be withdrawn on the ground that the cause of action has become infructuous

Subjects

petition withdrawal
infructuity
civil procedure
high court order

Judgment

          C/SCA/9196/2012                                                                ORDER DATED: 06/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 9196 of 2012

 ==========================================
                   DINESHBHAI LADUJI VANZARA
                               Versus
                     STATE OF GUJARAT & ORS.
 ==========================================
 Appearance:
 MR HR PRAJAPATI(674) for the Petitioner(s) No. 1
 MS NIRALI SARDA AGP for the Respondent(s) No. 1
 RULE SERVED for the Respondent(s) No. 2,3,4
 ==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 06/04/2026

                                                    ORAL ORDER

            Mr.Prajapati, learned counsel submits that present petition is
 preferred challenging the notice issued by respondent No.2 and
 considering the passage of time, the issue involved in the petition has
 become infructuous. Therefore, he seeks permission to withdraw the
 petition.

            Permission as sought for is granted. The petition stands
 disposed of as withdrawn. Rule is discharged. There shall be no order
 as to costs.

                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 17:33:09




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